The Allahabad High Court held that a claim sought to be set up on the basis of a subsequent medical report produced by the candidate would not have the effect of overriding or setting at naught the expert opinion of the Medical Board set up as per procedure in a recruitment process.

The special appeal before the High Court was directed against the judgment dismissing the writ petition filed by the Petitioner who had applied for the post of Agni Veer (General Duty) in the Indian Army.

The Division Bench comprising Justice Vivek Kumar Birla & Justice Yogendra Kumar Srivastava said, “In the present case, 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.”

Advocate Amal Darsingh represented the Apepllant while Additional Solicitor General of India Prem Narayan Rai represented the Respondents.

The petitioner-appellant was declared successful in the preliminary written examination as well as the physical test. He was called for a medical test at Varanasi in which, he was declared unfit, as he was suffering from disability of Onychomycosis Specified right index finger. Thereafter, the petitioner was referred to the Military Hospital, Prayagraj for review in which, he was also declared unfit. Then, the petitioner approached respondent no.4-Head of Department and Assistant Professor, PG Department of Dermatology, Venereology & Laprosy, Moti Lal Nehru Medical College for his medical test. According to the petitioner, a certificate was issued to him, opining that Onychomycosis is a non-communicable disease and is curable.

The disability of 'Onychomycosis' was confirmed by the Senior Medical Officer (SRMO). On being found 'Unfit' by two separate doctors (MO & SRMO), the petitioner was further referred to the Military Hospital, Prayagraj for a medical review test by a specialist doctor for the said disability. The specialist doctor also opined and declared the petitioner as unfit. The Single-Judge observed that no fresh medical board was required for the medical examination of the petitioner. Aggrieved thereby, the Petitioner approached the High Court.

While going through the factual circumstances of the case, the Division Bench observed that the Single Judge had taken note of the instructions produced by counsel for the respondent authorities, which demonstrated that the petitioner had been medically examined by the medical board and was found unfit, and thereafter, in a review, the disability was confirmed and on a further reference, the specialist doctor at the Military Hospital also opined that the petitioner was unfit.

Reference was made to the judgment of the Apex Court in Vivek Kumar S/o Mool Chandra vs. State of UP & Others (2020) wherein it has been observed that matters relating to the medical evaluation of candidates in a recruitment process involve expert determination and it may not be desirable to supplant the procedure prescribed therefor as laid down under the relevant recruitment rules and taking any other view may have the effect of derailing the recruitment process.

Noting that in the present case, the recruitment process was carried out as per the prescribed procedure whereunder the medical fitness of candidates was tested by a duly constituted Medical Board, the Bench held the Board’s report couldn’t be interfered with solely on the basis of a claim sought to be set up by the appellant petitioner on the basis of some subsequent report.

It was further noticed that it was nowhere the case of the petitioner that the decision taken by the Medical Board was arbitrary or not in accordance with the procedure prescribed for the recruitment in question.

“We are of the view that a claim sought to be set up on the basis of a subsequent medical report produced by the candidate would not have the effect of overriding or setting at naught the expert opinion of the Medical Board set up as per procedure in a recruitment process”, it further held.

Thus, upholding the order of the Single Judge, the High Court dismissed the appeal.

Cause Title: Shivansh Singh v. Union Of India And 3 Others (Neutral Citation: 2024:AHC:196838-DB)

Appearance:

Appellant: Advocate Amal Darsingh

Respondents: Additional Solicitor General of India Prem Narayan Rai

Click here to read/download Order