Medical Examination In Recruitment Process By Medical Board Not To Be Normally Interfered With: Allahabad High Court
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Recently, the Allahabad High Court, relying on its earlier decisions, has held that medical evaluation carried out by experts should not be interfered with in writ jurisdiction solely on the basis of the subsequent reports brought forth by the parties.
The bench Justice Vivek Kumar Birla and Dr. Justice Yogendra Kumar Srivastava held that
“where recruitment process has been carried out as per the prescribed procedure whereunder the medical fitness of candidates has been tested by a duly constituted Medical Board, the report of the Medical Board is not to be normally interfered with, and that too, solely on the basis of a claim sought to be set up by the appellant- petitioner on the basis of some subsequent report procured by him from another medical practitioner.”
Petitioner-appellant applied for the post of Agni Veer (General Duty) in the Indian Army. After the written and physical examination, petitioner was declared unfit in the medical examination on grounds that he is suffering from disability of Onychomycosis Specified right index finger. Military Hospital, Prayagraj also declared him unfit. Subsequently, Head of Department and Assistant Professor, PG Department of Dermatology, Venereology & Laprosy, Moti Lal Nehru Medical College, Prayagraj issued a certificate to the petitioner stating that his disease is non-communicable and curable.
Based on the report of Head of Department, MLNMC, the petitioner approached the High Court seeking constitution of a medical board. In the affidavit filed by the Respondents and the instructions of the State, it was stated that after being examined by the disability specialist at the Military Hospital, petitioner was declared unfit. Basis this, the Single Judge held that no interference was required with the expert opinion.
Appellant-petitioner challenged this order of the Single Judge in intra-court appeal.
The division bench headed by Justice Birla relied on Md. Arshad Khan General (Male) Category, (Roll No.00186474), Registration No.10209488956 vs. State of UP and others where the Allahabad High Court had held that exercise of powers under Article 226 of the Constitution in cases where opinion of medical experts is under question is very limited.
“Matters relating to the medical evaluation of candidates in a recruitment process involve expert determination and the Court should exercise caution in supplanting the process adopted by the recruiting agency and substituting it by a Court mandated further medical evaluation,” held the Court in Md. Arshad Khan General.
Further reliance was placed on Vivek Kumar S/o Mool Chandra vs. State of UP & Others where the Allahabad High Court had held that taking a different view from the procedure prescribed for medical evaluation in relevant recruitment rules may have the effect of “derailing the recruitment process.”
Observing that the petitioner had not challenged the reports as being arbitrary or being against the procedure prescribed, the Court held that subsequent medical opinion sought by the petition-appellant could not override the opinion of the medical board established in accordance with recruitment rules.
Accordingly, the special appeal was dismissed.
Case Title: Shivansh Singh v. Union Of India And 3 Others [SPECIAL APPEAL No. - 1076 of 2024]