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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE MURALI PURUSHOTHAMAN, J
HASNA IBRAHIM W/o.binshad.s – Appellant
Versus
UNION OF INDIA – Respondent
| Table of Content |
|---|
| 1. court's view on bmi (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
JUDGMENT :
(MURALI PURUSHOTHAMAN, J.)
The petitioner is working as a Doctor in the Employees' State Insurance Corporation Hospital, Udyogamandal, on contract basis. The National Thermal Power Corporation Ltd. (NTPC), vide Ext. P1 advertisement, invited applications for the post of General Duties Medical Officer (GDMO)/Medical Specialists for its hospitals at projects/stations. The qualification prescribed for the post of GDMO is MBBS with minimum two years' experience/practice after MBBS. The petitioner submitted application and participated in the selection process which included a written examination and an online interview. Based on her performance in the written test and interview, Ext. P2 offer of appointment was issued to her on17.07.2024. In Ext. P2, it is provided that the NTPC Service Rules require that the petitioner should be declared medically fit before joining duty and she shall get her medical examination completed at one of the NTPC hospitals.
2. The petitioner attended her pre-joining medical examination on 25.07.2024 at NTPC hospital, Ramagundam, Telangana and she was declared temporarily
The requirement of BMI for employment is rational and within the employer's discretion, not arbitrary or discriminatory.
The nature of the job must inform medical fitness assessments; jurisdiction clauses limiting dispute resolution may deny access to remedies.
The court affirmed the right to a fair assessment in recruitment processes, directing a further medical examination due to inconsistencies in initial evaluations.
Medical fitness – Declaration as unfit – Justified – No grievance at the time of applying for the vacancy of AC/GD that the medical standards prescribed were improper
Medical board assessments for fitness in promotions are authoritative and should adhere to the prescribed medical guidelines, with LDCE standards treated similarly to direct recruitment criteria.
The court established that additional minor disabilities should not disqualify candidates with 40% or more disability in one leg from public employment, reinforcing the principles of equality and non....
The court upheld the recruitment process's integrity, reaffirming that the medical examination procedures aligned with due process and disallowed the re-medical requests based on delayed objections b....
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