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KALYAN RAI SURANA
Anil Yadav S/o Shyam Bahadur Yadav – Appellant
Versus
Union of India – Respondent
JUDGMENT :
KALYAN RAI SURANA, J.
1. Heard Mr. R. Bora, learned counsel for the petitioner, Mr. B. Deka, learned Central Government Counsel for the respondent nos. 1 to 4 and Mr. S.S. Roy, learned Government Advocate for respondent no. 5.
2. The petitioner had participated in the “Constables (GD) in Central Armed Police Forces (CAPF), NIA and SSF and Rifleman (GD) in Assam Rifles (AR) Examination, 2018” pursuant to advertisement published in Employment News, 21-27 July, 2018 edition. The petitioner qualified in the written test and was thereafter called for Medical Test and as per Medical Test Report dated 23.01.2020, the petitioner was declared unfit. Thereafter, for the purpose of filing appeal against medical unfitness, the petitioner got himself examined in Diphu Medical College and Hospital at the Department of Ophthalmology and the Registrar of the said Department as well as the Senior Medical and Health Officer (ENT Specialist) of the said Diphu Medical College and Hospital considered the three grounds of declaring the petitioner as medically unfit, issued a “medical fitness certificate” dated 29.01.2020 in the prescribed Form No. 3 CAPF Constable (GD) 2018, thereby declaring to
The court cannot exercise jurisdiction to reevaluate varied medical opinions in recruitment matters and advises representation to the Review Medical Board for reconsideration.
The right to employment is a constitutional guarantee that must be upheld, ensuring candidates are treated fairly in recruitment processes.
Employment and Service matter - Recruitment process of CAPFs and Assam Rifles - As per employment advertisement published in Employment News/ Rozgar Samachar notice thereof relates to review medical ....
The opinion of a competent Medical Board is crucial in determining the fitness of a candidate for appointment to a post, and the appointing authority ought to reconsider its earlier decision in light....
The court affirmed the necessity of fair re-evaluation in recruitment processes when discrepancies in medical fitness findings arise.
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