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 rights cases.

Headnote:(A) Constitution of India - Fundamental Rights - Right to Health - The petitioner, after successfully clearing the written examination and intelligence test, was declared unfit for medical reasons. The court directed a new Medical Board to assess the petitioner’s fitness, ensuring a qualified Urologist's involvement in the evaluation. (Paras 5, 6)

(B) Medical Examination - Authority and Procedure - The court emphasized the necessity of a legitimate medical examination process, stipulating that if the petitioner is deemed fit, he may proceed in the selection process. No further opportunities for the petitioner will be granted in case of unfitness. (Paras 5, 6)

Facts of the case:
The petitioner, having cleared the examination, faced challenges regarding his medical fitness due to previous diagnoses which were contested by additional examinations revealing differing conclusions about his health.

Findings of Court:
A new Medical Board is to be constituted for re-evaluating the petitioner’s medical fitness with specific instructions regarding the expertise required on the Board.

Issues: The main issues involve the legitimacy and qualifications of the medical examinations that rendered the petitioner unfit.

Ratio Decidendi: The court underscored the need for a thorough and competent medical review, particularly stressing the importance of having a qualified specialist examine the petitioner to evaluate his fitness accurately.

Result: Petition disposed of with directions.

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)

JUDGMENT (Oral)

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, on the hand was declared fit by the ENT Specialist ruling there being no ailment of Soft Pallet while on the other hand was again declared medically unfit for ailment of Hypospadias thereafter, the petitioner applied for the Review Medical Board vide letters dated 19.05.2022 and 26.05.2022, thereafter, on 21.05.2022, the petitioner approached the Base Hospital, Delhi Cantt. wherein he was examined by the classified Specialist (Surgery)- Urologist Lt. Col. Gagandeep Singh, who declared the petitioner medically fit. In the meanwhile, after being ascertained by the Base Hospital, New Delhi for having normal functioning of the urethral tract and the urine flow being normal, petitioner approached AIIMS, New Delhi. Upon detailed examination of the present condition vis-a'-vis the medical history of the petitioner, the urologist was of the opinion that there was no urethral ailment to the petitioner and the functioning of the urethral tract and urine flow was normal.

3. Further stated, thereafter, the Review Medical Board of the petitioner was conducted by the respondents, wherein the doctors of the board without looking into the conditions of the undersigned and without making any physical tests or investigations, summarily declared the petitioner to be medically unfit for NDA in the review Medical Examination as orally communicated on 21.06.2022.

4. On 24.06.2022, petitioner consulted specialist doctor of Urology & Anthology department of Medanta Hospital, Gurugram wherein a team of specialist doctors examined and came to a conclusion that the case of the petitioner is Glanular in nature and that there is no post-surgery ailment as the functioning of the urethral tract and is within normal limits.

5. Though there are many issues reflecting changes from time to time, raised by the petitioner in the present petition and however, at this stage, without going into the controversy, whether the petitioner is unfit or fit, we hereby direct the In-charge, R.R. Hospital to constitute a Medical Board to re-conduct the medical test of the petitioner wherein one of the members shall be the Specialist Surgeon of Urology. Upon its constitution, the said R.R. Hospital shall convey the date of the test to the petitioner in advance, who shall appear before the said Medical Board on the date so fixed. It is made clear that if the petitioner is found medically fit by the Medical Board so constituted, the petitioner shall be allowed to join the selection process and in case, he is declared unfit, no further opportunity shall be granted to him and report of said Medical Board shall be considered final, since, the same have been admitted by the petitioner.

6. With the aforesaid directions, the present petition stands disposed of.

7. Pending application also stands di

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