Conflicting medical fitness opinions from government hospitals entitle merit-selected candidate to fresh independent re-examination, despite initial and review unfitness, without impugning medical boards.

ORDER (ORAL)

Hon’ble Mr. TarunShridhar, Member (A)

The applicant participated in the selection process for the post of constable executive in Delhi Police. However, despite her selection she has not been given the offer of appointment as the medical examination followed by the Review Medical Examination has declared her unfit on account of defective distant vision. The applicant ventilates her grievance in the present OA seeking the following relief:

To set aside the medical report dated 21.1.2024 (copy never supplied, thus not annexed) and Review Medical examination report dated 23.1.2024 whereby the applicant was declared medically ’unfit’ and to further direct the respondents that the applicant be subjected to a fresh medical examination in any recognized / reputed hospital of the government in NCR at the earliest and if found fit then to appoint the applicant to the post of Constable(Exe) Male in present selection process with all consequential benefits including seniority & promotion and pay & allowances.

And/or

ii) Any other relief which this Hon’ble Court deems fit and proper may also awarded to the applicant.

2. Relying upon the pleadings contained in the OA learned counsel for the applicant points out that the applicant has also sought an independent opinion of the medical authority from a Government institution and according to the medical opinion furnished therein he has been declared fit in terms of the vision. Accordingly, in view of different medical opinions which are at variance with each other, he deserves a further opportunity for a fresh medical examination to determine his fitness.

3. Learned counsel further points out that this issue of medical fitness of candidates who had successfully participated in the selection examination in Delhi Police has engaged the attention of different benches of this Tribunal in a large number of OAs and in identical facts and circumstances the Tribunal has held that once there is a medical opinion on record which is contrary to the medical examination conducted by the respondents and it holds the applicant/candidate to be fit, he/she is deserving of a fresh opportunity of medical examination to determine his/her fitness. Learned counsel produces before us one such order dated 11.03.2024 passed in OA No. 594/2024.

4. ShriAmitAnand, learned counsel for the respondents submits that the medical examination which is the subject of this OA is conducted for determing fitness to hold the particular Government post and not to determine the health standards of the person. Selection to an examination and the requirements of such selection is to be determined in accordance with rules and instructions governing the subject. In the instant case, there are detailed and elaborate guidelines which govern medical examination for appointment to the particular post. He further submits there are also provisions with respect to appeal against the opinion of the concerned medical board and in the instant case, the applicant should have exercised the option of appeal in accordance with rules. He specifically quotes from the provision with respect to appeals, the relevant extracts of which read as under:

“Appeals against the findings of Medical Authority- In cases where a Government servant or a candidate for Government service is declared unfit for retention in Government service or for appointment in the Government service by an individual Medical Officer/Medical Board, as the case may be, the grounds for rejection may be communicated to him in broad terms without giving minute details regarding the defects pointed out by the Medical Officer/Medical Board. Cases, where the grounds of rejection have not been clearly stated by the M