Manish Nailwal vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Manish Nailwal – Appellant
Versus
Union of India – Respondent

Table of Content
1. assessment of medical fitness for recruitment (Para 1 , 2 , 3)
2. contention on medical opinion's validity (Para 4 , 5)
3. court's discretion in medical evaluations (Para 6 , 7)
4. dismissal of petition's merit (Para 8)

JUDGMENT

Rajiv Sahai Endlaw, J.

[VIA VIDEO CONFERENCING]

1. On 1st June 2021, following order was passed in this petition:

"1. On 25th May, 2021, the following order was passed:

"3. This petition was filed, impugning the finding of medical unfitness of the petitioner for recruitment as Head Constable (Radio Mechanic) in the respondents Border Security Force (BSF) (Comn Set-up).

4. The petitioner was found 'unfit' by the Medical Board on two counts i.e. (i) for having anal fissures; and, (ii) for having Varicose Veins in both lower legs.

5. The petitioner, after getting himself examined at Lady Harding Medical College & Hospital and at Deen Dayal Upadhyay Hospital, New Delhi and both of which certified that the petitioner was not suffering from either of the two ailments, applied for Review Medical Board.

6. It is the case of the petitioner, that the Review Medical Board, on examination of the petitioner, though found the petitioner to be not sufferi