Sailor Recruitment | Navy Hospitals Are Specialists For Medical Examination Of Candidates, Well Equipped With Latest Equipments: Rajasthan High Court

The Rajasthan High Court at Jaipur recently dismissed a writ petition filed by a candidate who participated in the selection process for the post of ‘sailor’ in Indian Navy and was declared unfit after the medical examination.

The single judge bench comprising Justice Anoop Kumar Dhand observed that Navy Hospitals are well equipped with latest instruments/equipment for testing and the specialists in the field to examine and recommend the candidates and conduct the tests as per the requirement.

"It is only after expert medical examination the petitioner was found to be unfit twice. The opinion regarding fitness of any candidates by the medical experts is final. And the same cannot be challenged unless and until any irregularity is found or there are any allegation of malice or biasness against the doctors, who have examined the petitioner. Thus, in absence of such allegation, the reports of the medical experts cannot be doubted,” said the court.

It added that the petitioner has neither been able to point out any irregularity in the medical examination nor is there any allegation of mala fide or bias made against the medical experts who have examined during the recruitment process and at the time of review medical examination.

"Thus, in absence of allegation of mala fide or bias, decision of the medical experts who have conducted the medical examination of the petitioner cannot be questioned before this Court,” said the court.

The petitioner participated in the recruitment process for appointment on the post of ‘sailors’ in Indian Navy. After qualifying in the examination, the petitioner was preliminary examined and he was found to be fit. His medical examination was conducted and he was found to be unfit due to “ECG abnormality” vide medical certificate dated August 09, 2019. In the review medical examination, the petitioner was again found to be unfit for the same reasons i.e. “ECG LBBB abnormality” vide medical certificate dated August 24, 2019.

The counsel appearing for the petitioner submitted that after review medical examination, the petitioner got examined himself at All India Institution of Medical Science, Delhi (AIIMS) on September 27, 2019, where no symptoms of “ECG LBBB” were found.

Thus, it was submitted that under these circumstances, the petitioner cannot be treated as unfit for appointment for the post of ‘sailor’ and a direction be issued to the respondents to conduct his re-medical examination to ascertain about his fitness.

On the other hand, the counsel appearing for the respondents submitted that petitioner has neither been able to point out any irregularity in the medical examination nor any allegation of mala fide or bias have been levelled against the medical experts, who have examined and found him unfit.

It was further submitted that since the petitioner was twice medically examined by the experts and on both occasions he was found to be unfit and in absence of any allegations of mala fide or bias against the medical experts, the petitioner is not entitled to get again re-examination of medical for the third time.

The court noted that Clause 11 (a) of the advertisement clearly indicated that medical examination will be conducted by the various medical doctors as per the medical standard prescribed in current regulations applicable to sailors on entry.

It further observed that Clause 11 (d) of the advertisement further indicated that preliminary Medical examination for recruitment will be considered only “provisionally fit subject to fitness in the final medical examination”.

The court relied upon the judgments of Jammu and Kashmir High Court in Ahil Singh v. Union of India and Ors and of Delhi High Court in Ashish Kumar Pandey v. Union of India and Ors and Jonu Tiwari v. Union of India & Ors.

"Since the petitioner has participated in the selection process knowing full well that he would be subjected to the medical standard as prescribed under Clause 11 of the advertisement and after examination by experts on being unsuccessful he cannot turn around and challenge the standard of examination followed by the experts on the field," it said, while dismissing the plea.

Case Title: Karamveer v. Union of India & Ors

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