Raj HC | Court dismisses application to provide directions for re-examination of medical test after a lapse of 15 years 

Rajasthan High Court: Sangeet Lodha, J., dismissed a writ petition seeking directions from the Court for re-examination of medical test for the position of Assistant Commandment in Central Police Forces.

The present case arose from a challenge by the petitioner against the action of the respondent declaring the petitioner medically unfit for the position of Assistant Commandant in Central Police Forces (CPFs). The respondent Union Public Service Commission (UPSC) had issued an advertisement inviting applications for the recruitment of Assistant Commandant in CPFs. The petitioner, being already employed as Sub Inspector in the Central Reserve Police Force (CRPF), applied for the said post. He underwent the selection process and was declared successful. During the petitioner’s medical examination he was declared unfit on certain grounds. The petitioner was directed to appear before the Review Medical Board, where he was again declared unfit.

The petitioner submitted that he got himself examined separately in his unit by the Medical Officer of CRPF, who certified the petitioner to be fit for appointment on the post of Assistant Commandant. Thereafter, he got himself examined by the Medical Board consisting of civilian doctors who also certified that the petitioner is medically and physically fit and can perform any kind of duty. Thus, it was contended by the petitioner that he was wrongly declared as being physically and medically unfit for recruitment to the post of Assistant Commandant.

A reply was filed on behalf of the respondents, who stated that the petitioner on being found qualified in Physically Efficiency Test (PET), a detailed medical examination conducted by the CPFs Medical Board consisting of three specialists viz. Physician, Surgeon and Ophthalmologist and was thereafter declared as medically unfit. They reiterated that the Review Medical Board also declared the petitioner as medically unfit.

The Court upon perusal of the facts and circumstances of the case stated that the petitioner being declared as medically fit by the Medical Board consisting of civilian doctors merely on the basis of the certificate which does not specify the tests that were conducted by them for examination cannot be considered for the Court to direct for re-examination of the petitioner, more so after a lapse of fifteen years. [Satya Narayan v. Union of India,  2020 SCC OnLine Raj 363, decided on 06-03-2020]

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