A single judge rejected the writ petition of a Constable applicant declared medically unfit. The court held that a review medical board's expert opinion cannot be doubted on the basis of a private medical report and ordered dismissal.
Petition dismissed as petitioner lacks merit and no indulgence granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:222233
Court No. - 34
Case :- WRIT - A No. - 19476 of 2023
Petitioner :- Upendr Kumar Respondent :- The Union Of India And 5 Others Counsel for Petitioner :- Sunil Kumar,Hira Lal Yadav Counsel for Respondent :- A.S.G.I.
Hon'ble Ajit Kumar,J.
"11. In a case where a recruitment process has been carried out as per prescribed statutory rules whereunder a procedure has been prescribed for testing the medical fitness of candidates 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 a candidate on the basis of some subsequent report(s) procured by him from a private practitioner(s).
12. It is not the case of the petitioner that the decision of the Medical Board was arbitrary, capricious or not in accordance with the procedure under the relevant statutory recruitment rules. "
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 a candidate on the basis of some subsequent report(s) procured by him from a private practitioner(s). It is not the case of the petitioner that the decision of the Medical Board was arbitrary, capricious or not in accordance with the procedure under the relevant statutory recruitment rules." Even I have followed this legal view recently in the case of Miss Neha v. State of U.P. & 4 Ors (Writ - A No. 10905 of 2023).
Order Date :- 23.11.2023 P Kesari
Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad
3 issues framed by the court
Whether a court can interfere with the opinion of a review medical board declaring a candidate unfit solely based on a private medical report.
Whether the petitioner is medically fit for the post of Constable considering the variance between his private examination report and the review medical board's finding.
Whether the petitioner has made out a case for indulgence or relief in light of the settled law regarding medical fitness in recruitment.
Colour shows how this judgement treated each authority
Gajendra Rav vs. State of UP & orsReferred¶8
Writ-A No.11215 of 2019 (Gajendra Rav vs. State of UP & ors)
Peeyush Yadav vs. Union of India Through Secretary & orsReferred¶8
Peeyush Yadav vs. Union of India Through Secretary & ors
Ashish Kumar vs. Union of India & orsReferred¶8
Ashish Kumar vs. Union of India & ors
Vivek Kumar vs. State of UP & orsRelied on¶11
Vivek Kumar vs. State of UP & ors
Union of India v. Parul PuniaRelied on¶14
Union of India v. Parul Punia, 2016 (2) ADJ 14
Ankit Kumar v. State of U.P. & OrsReferred¶14
Ankit Kumar v. State of U.P. & Ors (Writ - A No. 5668 of 2021)
Shahbaj Khan v. Union of India & OrsReferred¶14
Shahbaj Khan v. Union of India & Ors (Writ - A No. 15248 of 2023)
Miss Neha v. State of U.P. & 4 OrsRelied on¶15
Miss Neha v. State of U.P. & 4 Ors (Writ - A No. 10905 of 2023)
Upendr Kumar
The Union Of India
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
