Back
DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Himanshu Bansal – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petition for writs regarding appointment process (Para 1 , 1) |
| 2. examination and declaration of candidates' fitness (Para 2 , 3) |
| 3. petitioner's independent assessment of vision (Para 4) |
| 4. court's direction for a new medical examination (Para 5 , 6) |
| 5. disposition of the petition and applications (Para 7) |
1. By way of the present petition, petitioner seeks following reliefs:
a) Issue a Writ of Mandamus to consider the candidature of the Petitioner for the post of constable in its Notice bearing No. F No. 31/2020-P&P I issued by the Respondent; and
b) Issue a Writ of Mandamus to allow the Petitioner to be medically examined by an independent medical board in respect of his appointment and if found fit issue an appointment letter as per notice bearing no. F.No.31/2020-PGP-I; and
c) Issue a Writ of Certiorari thereby setting aside the result of the Review Medical Examination of the Petitioner conducted on 26.09.2022 and the Report of the Review Medical examination issued by the Respondent No. 3 on 26.09.2022 wherein the decision of the Medical Board was affirmed and the candidature of the petitioner was again declared 'Unfit' due to the Defective Dista
The court upheld the principle of fair assessment by directing an independent medical board to evaluate the petitioner's fitness, reinforcing the right to equality and fair treatment in employment pr....
A fresh medical examination must be conducted to ensure fair recruitment practices, with the decision of the new Medical Board being final and binding.
In cases of conflicting medical opinions, the court may direct the constitution of a Medical Board to assess the petitioner's medical condition, with the board's report being final and binding if the....
The court affirmed the necessity of fair re-evaluation in recruitment processes when discrepancies in medical fitness findings arise.
Point of law: No good reason to discard joint opinion by three eye specialists merely because other eye-specialists on civilian side had given a different opinion to effect that there was no defect i....
The need for a conclusive medical assessment by a Medical Board to determine fitness for further selection process.
The court has the authority to order a re-examination by an independent Medical Board and make decisions based on the findings of the re-examination.
The need for a conclusive assessment of medical fitness in cases of appointment disputes.
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
