Back
HIGH COURT OF JUDICATURE AT ALLAHABAD
VIKAS BUDHWAR
Kamal Kant Dubey – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. petitioner's medical examination results questioned. (Para 2 , 3) |
| 2. argument regarding accuracy of medical conclusions. (Para 4 , 5) |
| 3. respondent argues for upholding dme and rme results. (Para 6) |
| 4. court reviews submitted arguments and evidence. (Para 7) |
| 5. judicial deference to medical board findings emphasized. (Para 8 , 9) |
| 6. petitioner's fitness determination upheld. (Para 10) |
| 7. writ petition dismissed without good grounds. (Para 11) |
JUDGMENT :
VIKAS BUDHWAR, J.
1. Heard Sri Agnivesh (Advocate Roll No.A/A1074/2017), Advocate holding brief of Sri Pranvesh, learned counsel for the writ petitioner as well as Sri S.K. Pal, learned counsel for the respondent.
2. The case of the writ petitioner is that an advertisement came to be published by the Staff Selection Commission on 04.03.2024 for recruitment through open competitive examination for the post of Sub-Inspector in Delhi Police and Central Armed Police Forces (CAPF). The writ petitioner appeared in Paper-I which was held at Varanasi and the same was computer based exam and the petitioner qualified the same and become eligible for appearing in Physical Standard Test (PST)/Physical Endurance Test (PET) and the writ
Judicial intervention in recruitment medical assessments is restricted; decisions by Medical Boards are upheld unless there's clear evidence of procedural violations or substantive discrepancies.
Judicial review of medical examination decisions in recruitment is limited to procedural adherence and significant discrepancies, with higher fitness standards for disciplined forces.
Conflicting medical opinions from review board at same hospital (within days) and subsequent independent government hospital warrant fresh medical examination by different board for fairness to provi....
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.
Fresh independent medical exam ordered when initial and review by same hospital yield conflicting govt hospital opinion.
Conflicting medical fitness opinions from government hospitals entitle merit-selected candidate to fresh independent re-examination, despite initial and review unfitness, without impugning medical bo....
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
