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Unfit paramilitary aspirants need to be told reasons: Court
Sunday October 14, 2012 03:27:55 PM,
IANS
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New Delhi: Aspirants
for various posts in the central paramilitary forces who are ruled
medically unfit are entitled to a detailed report as to why they
were not selected, the Delhi High Court has ruled.
The court has also warned that in future, if an "inchoate opinion"
is given while rejecting a candidate on medical grounds, it would
be treated as contempt of its order.
A division bench consisting of Justice Pradeep Nandrajog and
Justice Manmohan Singh said, "We direct that henceforth if any
doctor of any central paramilitary force would give an inchoate
opinion, we would treat it to be a case of contempt," adding that
such report should include a reference to the "requisite standards
prescribed or known to be prescribed and accepted as such by the
experts in the field".
The court order came while dealing with the case of a person who
was rejected by the recruitment board after being termed unfit on
medical grounds. After perusing medical reports from two different
hospitals, the court held the person to be medically fit to be
appointed as an assistant commandant.
Taking note of the increasing number of similar cases being filed
by aspirants, the court directed the recruitment board of every
central paramilitary force to record the finding of the medical
examination with reference to the prescribed standards.
"We direct that henceforth every doctor or a board of doctors of
every central paramilitary force, while conducting the medical
examination of a candidate, if finding the candidate to be unfit,
would record the parameter with reference where-to unfit has been
opined," the court said.
Highlighting the importance of referring to the known medical
standards of fitness, the court remarked: "In each case we have
highlighted that it is useless to simply state that the person
concerned has been found to be unfit, or at the most simply state
the cause for it to be opined that the person is unfit."
"Any such certificate issued hereinafter which does not so
prescribe would be treated as an act of defiance of the orders
passed by this court," it warned.
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