Medical Examination In Recruitment Process By Medical Board Not To Be Normally Interfered With: Allahabad High Court

Recently, the Allahabad High Court, relying on its earlier decisions, has held that medical evaluation carried out by experts should not be interfered with in writ jurisdiction solely on the basis of the subsequent reports brought forth by the parties. The bench Justice Vivek Kumar Birla and Dr. Justice Yogendra Kumar Srivastava held that “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.” Petitioner-appellant applied for the post of Agni Veer in the Indian Army. Arshad Khan General Category,, Registration No.10209488956 vs. State of UP and others where the Allahabad High Court had held that exercise of powers under Article 226 of the Constitution in cases where opinion of medical experts is under question is very limited. Further reliance was placed on Vivek Kumar S/o Mool Chandra vs. State of UP & Others where the Allahabad High Court had held that taking a different view from the procedure prescribed for medical evaluation in relevant recruitment rules may have the effect of “derailing the recruitment process.” Observing that the petitioner had not challenged the reports as being arbitrary or being against the procedure prescribed, the Court held that subsequent medical opinion sought by the petition-appellant could not override the opinion of the medical board established in accordance with recruitment rules.