HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
AVNEESH JHINGAN, MANEESH SHARMA
Dhanraj Goyal S/o Shri Babulal Goyal – Appellant
Versus
Union Of India – Respondent
ORDER :
AVNEESH JHINGAN, J.
1. This petition is filed seeking quashing of order dated 30.04.2024 passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur (for short ‘the tribunal’).
2. The brief facts are that the petitioner participated in the selection process for the post of Traffic Apprentice advertised by the Railway Board. On 03.11.2014 the petitioner was recommended for appointment and was issued provisional appointment on 08.12.2014 which was subject to character verification and medical examination. The petitioner on 03.01.2015 was examined by the medical board and was declared unfit for A-Two category for not having the required parameters of vision. The petitioner submitted a representation on 21.05.2015 annexing an eye testing certificate issued by the private doctor (wrongly pleaded in the petition as it being issued by the government hospital). The petitioner approached the tribunal and on dismissal of the application, this petition has been filed.
3. Learned counsel for the petitioner submits that the doctor who initially examined the petitioner and found him to be unfit was part of the three member medical board. The contention is that as per the report of Ma
The medical board's expert opinion on fitness for service is authoritative and cannot be contested without substantial evidence.
The decisions of a Review Medical Board in recruitment processes are final and can only be challenged under exceptional circumstances, such as procedural violations or malafides.
Medical examination by the Medical Board consisting of medical experts under Rule 15(g) cannot be said to be inferior to the physical standard test conducted by a team of non-experts.
Judicial review of medical board decisions requires substantial justification, especially when specialist opinions are disregarded without explanation.
The court affirmed that the assessment of fitness by a Medical Board is an expert determination, and interference in such matters should be approached with caution.
once no mala fides are attributed and the doctors of the Forces who are well aware of the demands of duties of the Forces in the terrain in which the recruited personnel are required to work, have fo....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.