Back
VIVEK KUMAR BIRLA, YOGENDRA KUMAR SRIVASTAVA
Shivansh Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Heard Sri Amal Darsingh, learned counsel for the appellant and Sri Prem Narayan Rai, learned counsel appearing for respondent Nos. 1 to 3.
2. The instant special appeal is directed against the judgment and order dated 12.11.2024 passed in Writ-A No. 15441 of 2024, whereby the writ petition has been dismissed.
3. The writ petition had been filed by the petitioner-appellant, seeking a direction to the concerned respondent-authority to constitute a Medical Board for the medical examination of the petitioner, who has been declared unfit by the respondent-authority during the recruitment of LUC_UTT_VAR_AVGD_2024_121906.
4. The brief facts of the present case are that the petitioner-appellant had applied for the post of Agni Veer (General Duty) in the Indian Army and after being declared successful in the preliminary written examination as well as physical test, he was called for medical test at Varanasi in which, he was declared unfit, as he is suffering from disability of Onychomycosis Specified right index finger. Thereafter, the petitioner was referred to the Military Hospital, Prayagraj for review in which, he was also declared unfit. Then, the petitioner approached responden
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....
Medical Board decisions on fitness for military service are final, and significant delays in challenging such decisions can result in the dismissal of petitions for relief.
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 finality of medical examination reports in determining an individual's medical fitness for recruitment purposes.
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.
The absence of clear guidelines indicating the refusal of a person to be examined by an Appeal Medical Board after being declared medically unfit by a specialist in a Review Medical Board.
The court upheld the Medical Board's decision declaring the petitioner medically unfit, emphasizing the stringent medical standards for Army recruitment and the necessity of adhering to established g....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
