Case Title: Karamveer v. Union of India & Ors
Case No.: S.B. Civil Writ Petition No. 1664/2020
Decided on: 05/07/2023
Coram: HON’BLE MR. JUSTICE ANOOP KUMAR DHAND
Facts of the case:
The Indian Navy conducted recruitment process for appointment on the post of Sailors. The petitioner participated in the said selection process for getting appointment on the post of Sailor. After qualifying in the examination, the petitioner was preliminary examined and he was found to be fit and finally his medical examination was conducted and he was found to be unfit due to “ECG abnormality” vide medical certificate dated 09.08.2019. Thereafter, a review medical examination of the petitioner was conducted and again the petitioner was found to be unfit for the same reasons i.e. “ECG LBBB abnormality” vide medical certificate dated 24.08.2019.
Petitioner submits that after review medical examination, the petitioner got examined himself at All India Institution of Medical Science, Delhi (for short, “AIIMS”) on 27.09.2019, where no symptoms of “ECG LBBB” were found
Judgement:
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 examinationfor recruitment will be considered only “provisionally fit subject to fitness in the final medical examination”.
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.
The petitioner cannot turn around and challenge the standard of examination followed by the experts on the field,” it said, while dismissing the plea.
Analysis:
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.
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Written by: Mahima Saini
