YASHWANT VARMA
Diwakar Paswan – Appellant
Versus
State Of U P – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioner and Sri Piyush Shukla, learned Additional Chief Standing Counsel who appears for the State respondents.
2. This petition has been preferred seeking the following reliefs:-
(ii) Issue a writ, order or direction, in the nature of mandamus, commanding the Respondent Authorities, treating the petitioner as medically fit in the medically examination for the post of Constable Civil Police and Constable PAC, Direct Recruitment -2018-II, pursuant to the Advertisement dated 16/11/2018 and select & appoint him finally for the said post, in pursuance of the select list, issue
Candidates must exhaust all available remedies within the recruitment process before seeking judicial intervention, and the findings of Medical Boards in recruitment processes are generally upheld un....
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.
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.
The main legal point established in the judgment is the limitation of interference by the High Court in matters of medical fitness determined by the Medical Board and Review Medical Board, emphasizin....
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