DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Ayush Kumar (Minor) – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. medical examination process and findings. (Para 1 , 2) |
| 2. review of medical fitness adjudication. (Para 3 , 5) |
| 3. conclusion and order of the court. (Para 6 , 7) |
1. Pursuant to notification dated 09.06.2021 issued by U.P.S.C., the petitioner appeared in the written examination and successfully cleared that on 14.11.2021. Thereafter, the petitioner was called upon to report before the 34th SSB, Allahabad for intelligence and personality test.
2. As stated in the present petition, upon being recommended by the SSB, the petitioner was asked to appear for medical examination. Thus, the petitioner appeared for his medical examination before the Medical Board at Military Hospital, Allahabad wherein petitioner was declared unfit by the Medical Board at the Military Hospital, Allahabad for the ailment of Growth Hypospadias and Soft Pallet (LT). Thereafter, the petitioner on 12.04.2022, applied before the Appeal Medical Board wherein, petitioner was examined by Surgeon Brig. Manoj who was not a classified Specialist Surgeon (Urology) and thus not qualified to examine the petitioner, thereafter, on 19.05.2022 as per the report of the AIMS, the petitioner,
The court mandated a competent Medical Board, emphasizing qualified evaluation for medical fitness in selection processes, reinforcing the importance of proper medical assessments in fundamental righ....
The unhealed wound at the time of the medical examination rightfully disqualified the petitioner from selection.
The court affirmed that the assessment of fitness by a Medical Board is an expert determination, and interference in such matters should be approached with caution.
The court reaffirmed that medical fitness evaluations for recruitment are primarily within the discretion of designated medical boards, barring demonstrable errors in decision-making processes.
The absence of clear guidelines indicating the refusal of a person to be examined by an Appeal Medical Board after being declared medically unfit by a specialist in a Review Medical Board.
The main legal point established in the judgment is the limitation of interference by the High Court in matters of medical fitness determined by the Medical Board and Review Medical Board, emphasizin....
Candidates for military service must meet prescribed medical standards, and choosing to appear for an Appeal Medical Board precludes further assessments unless procedural irregularities are demonstra....
The court directed a fresh Medical Board to re-examine the petitioner, asserting that its decision would be final and binding, reaffirming the importance of procedural fairness in recruitment health ....
The report of the specified hospital's medical examination shall be final and binding upon the parties, and the petitioner's appointment and adjustment will be based on the examination outcome.
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