Tribunal Order Modified for Medical Examination of Constable Candidate.


17 September 2024 Civil Suits >> Civil & Consumer Law  

In a recent ruling under Article 226 r/w 227 of the Constitution of India, a writ petition was filed seeking to overturn a decision made by the Central Administrative Tribunal (CAT) on May 14, 2024. The case involved a respondent who participated in the Staff Selection Commission’s recruitment process for Constable (Executive) positions in Delhi Police.

Initially, the respondent was declared unfit during a medical examination at the BSF Hospital due to "External Haemorrhoids." A subsequent review at Dr. Baba Saheb Ambedkar Hospital confirmed this unfitness based on "Perianal Swelling Requiring Excision." However, after a separate examination at the Rajkiya Community Health Centre in Jaipur, the respondent was deemed fit.

 

 

The CAT's order on May 14 stated that the respondent's case was similar to another ongoing case, directing compliance with prior decisions made in that context. The respondent's counsel raised concerns about potential bias if the same doctors conducted another evaluation.

To mitigate this risk, the tribunal modified its order, allowing the respondent to be examined by a Medical Board at R.R. Hospital in Delhi on September 23, 2024. The report from this examination will be considered final and binding for the case.

This development underscores the importance of fair medical evaluations in recruitment processes and the legal mechanisms available to address grievances in such matters. The case highlights the intersection of administrative procedures and individual rights within the recruitment framework.