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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Younis Ali – Appellant
Versus
UOI – Respondent
JUDGMENT :
SANJAY DHAR, J.
01. The petitioner, through the medium of the present petition, has sought a direction upon respondents No. 2 to 5 to conduct fresh review medical examination of the petitioner from an independent Medical Board of Ophthalmology Department of Government Medical College Hospital, Jammu or any other Board.
02. The brief facts of the case are that an advertisement notification came to be issued by respondent No. 6 (Staff Selection Commission) on 24.11.2023, inviting applications for recruitment of Constable (GD) in Central Armed Police Forces (CAPFs), SSF and Rifleman (GD) in Assam Rifles.
03. Pursuant to the aforesaid advertisement notification, the petitioner submitted his application for being considered for appointment to the advertised posts. He was assigned Roll No. 1004023773 and was asked to appear for the examination on 28.10.2024. The petitioner is stated to have passed PTS and PET and he is also stated to have undergone the process of document verification successfully.
04. On 29.10.2024, detailed medical examination (DME) of the petitioner was conducted but he was found suffering from Myopia, Squint and Knock Knee and as such declared unfit for the pos
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.
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....
Court cannot review medical opinions from authorities; petitioners must seek reconsideration through appropriate representations.
The court cannot intervene in medical fitness evaluations from established boards unless compelling evidence exists, upholding the integrity of medical assessments.
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 ....
A fresh medical examination must be conducted to ensure fair recruitment practices, with the decision of the new Medical Board being final and binding.
A court exercising jurisdiction under Article 226 cannot interfere with medical opinions rendered by competent authorities unless there is a gross error or illegality in their assessment.
The court cannot substitute its view for medical determinations made by competent boards, emphasizing the importance of procedural compliance for reconsideration.
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