Back
DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Mandrai Sarika Rajesh – Appellant
Versus
Central Reserve Police Force – Respondent
| Table of Content |
|---|
| 1. delay in filing counter-affidavit condoned. (Para 1 , 2) |
| 2. petitioner's request for medical examination and stay on recruitment. (Para 3 , 4) |
| 3. no medical report was prepared; affidavit submitted. (Para 5 , 6) |
| 4. constitution of a new medical board ordered. (Para 7 , 8 , 9 , 10) |
| 5. court disposed of the petition with finality on medical report. (Para 11 , 12) |
CM APPL. 33885/2022 (delay)
1. In view of the reasons stated in the present application, the delay of 2 days in filing the counter-affidavit is condoned. Counter-affidavit is taken on record.
2. Accordingly, the present application is allowed and disposed of.
W.P.(C) 8360/2022 & CM APPL. 25175/2022 (stay)
3. By way of the present petition, the petitioner seeking following reliefs:
"a. The Hon'ble court may be pleased to set-aside the decision dated 26.04.2022 of the Respondent No. 1 declaring the Petitioner as Unfit; and/or
b. The Hon'ble court may be pleased to direct the Respondents to allow the Petitioner to participate in the Documents Verification to be conducted; and/or
c. The Hon'ble court may be pleased to direct the Respondent No. 1 to place on record the medical record of the Pet
Recruitment processes require strict adherence to established medical evaluation guidelines, and expert opinion is essential in fitness determinations for service. Adverse decisions without proper ex....
The court mandates a fresh medical assessment for a candidate deemed unfit, affirming the importance of ensuring fairness in recruitment processes.
In cases of conflicting medical opinions regarding fitness, courts must ensure a fair process through re-examination to uphold the right to a just outcome.
The court affirmed the necessity of fair re-evaluation in recruitment processes when discrepancies in medical fitness findings arise.
Appointment - Respondents to facilitate the constitution of a Medical Board including pulmonary experts at the Army Hospital (R&R), New Delhi and also to facilitate the examination of the petitioner
A candidate declared unfit in a medical examination for recruitment does not hold grounds to contest employment selection results, especially when approached belatedly after vacancies are filled.
The medical opinions of recruitment agencies are final unless substantial error or mala fides are demonstrated; maintaining rigorous medical standards is essential for national security.
Judicial review of medical fitness in recruitment must ensure fairness, allowing for independent assessment to determine eligibility.
The court's decision was based on the petitioner being declared medically fit upon re-examination and the directive to the Staff Selection Commission to expedite the recruitment process.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
