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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
RAJNESH OSWAL
Zakir Hussain – Appellant
Versus
Union of India – Respondent
ORDER :
1. Initially, the petitioner had filed a petition bearing WP(C) No.2799/2024, whereby the petitioner had sought quashing of the results of the Detailed Medical Examination (DME) dated 29.10.2024 and the Review Medical Examination (RME) dated 05.11.2024, whereby the petitioner was declared unfit for the recruitment to the post of Constable (GD) in Central Armed Police Forces (CAPFs), SSF and Rifleman (GD) advertised vide Notification No. PPI03/17/2023-PP dated 24.11.2023. Further prayer was made for directing the respondents to declare the petitioner as fit and select him for the post of Constable (GD) in Central Armed Police Forces (CAPFs), SSF, and Rifleman (GD).
2. The respondents had filed the response stating therein that in the Detailed Medical Examination dated 29.11.2024, the petitioner was declared unfit due to (i) Squint (B/L) (ii) Polydactyly ? Rt. little finger and during Review Medical Examination conducted on 05.11.2024, the petitioner was also declared unfit due to Polydactyly Rt. little finger deformity.
3. This Court vide order dated 27.11.2024 directed the respondents to undertake the review of the medical examination of the petitioner in accordance with the g
The court ruled that once the petitioner was declared fit for recruitment, he should be considered for appointment to the post of Constable (GD).
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....
Conflicting medical opinions can lead to the court directing a specific medical assessment to resolve the dispute.
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.
Where appointment order has been issued and the petitioner had accepted the same by reporting for duty, subsequent medical examination report cannot make the petitioner ineligible for appointment.
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.
Judicial review of medical fitness in recruitment must ensure fairness, allowing for independent assessment to determine eligibility.
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