Prayagraj (Uttar Pradesh) [India], July 26 : The Allahabad High Court on Saturday gave relief to many candidates of Constable GD Recruitment 2015 by cancelling the medical report declaring them medically unfit and directing them to constitute a new medical board of doctors of the hospital and call them on the scheduled date and time for medical examination again.
The order was given by a single bench of Justice Ajit Kumar while accepting the petitions of Chandra Kant and dozens of others.
The petitioners said that the guidelines were not followed in their medical examination and the examination was not done by specialist doctors of the hospital. The petitioners selected in the constable recruitment of 2015 were given medical examinations. Appointment orders were issued on May 2, 2018, and May 3, 2018.
However, after the appointment orders were issued, the petitioners had to undergo medical examination again, in which they were found medically unfit due to temporary diseases.
Many petitioners were found suffering from various temporary diseases. Chandrakant was suffering from internal piles. Pushpraj Singh had tuberculosis. Kamlesh Kumar was found to have hearing loss. Nitish Kumar had insufficient dental points. Sunil Kumar Patel suffered from a hernia.
Shiv Prasad Gupta was suffering from hydrocele. Arvind Singh Patel had internal piles. Mahmood Ali had facial palsy. Rajesh Kumar had hypertension. Vivek Kumar Shukla also suffered from internal piles. Himanshu Shukla had problems with farsightedness and being overweight. Shiv Kumar had vitiligo on his penile gland and insufficient dental points.
Advocate Manisha Chaturvedi and senior advocate Vijay Gautam, appearing for the petitioners, argued that despite them being declared medically fit by the super speciality hospital, the review medical board declared them unfit again. They also said the review was not conducted as per medical guidelines and the board did not have specialist doctors in the relevant field. In some cases, such as internal piles, adequate "breathing time" was not given after surgery.
The court emphasised that the respondents failed to show that the Review Medical Board had specialist doctors in the relevant field to rebut the opinion of the super speciality hospital. The Allahabad High Court also referred to similar cases of the Delhi High Court and the Tripura High Court where relief was granted to candidates under similar circumstances.
The court quashed the medical review examinations of the petitioners and directed the government to constitute a fresh board comprising super specialists of the relevant medical sciences within a month. If the petitioners are found medically fit, they shall be permitted to join as per their appointment orders, and their seniority shall be restored.