Recruitment Can’t be held against Scheme: Allahabad HC [Read Judgment]

In the latest Judgment of Allahabad High Court, the Writ Petition filed by candidates seeking appointment on the post of constables (GD) in CAPF, NIA, SSF and Rifleman (GD) in Assam Rifles Examination 2018, has been allowed by the High Court directing the authorities to constitute review medical board for the re-examination of the candidates.

Petitioners appeared in the recruitment for the post mentioned above and submitted online applications for the same. After going through the stages of selection, the Petitioners were finally called for medical examination. The Petitioners participated in the medical examination; however they were declared not fit in the same.

Feeling aggrieved by the finding in the medical examination, the Petitioners filed the review before the appropriate authority. The Appellate/review authority rejected the applications of the Petitioners on the ground that medical fitness certificate of concerned field specialist was not attached.

The Petitioners approached the High Court at Allahabad, seeking quashing of the communication informing them that their appeal for review medical examination could not be entertained for the above reason and further prayed for a mandamus commanding the Respondents to conduct the review medical examination.

A preliminary objection was taken to the effect that the Court lacks territorial jurisdiction to entertain the petitions. The Court overruled the said objection considering the scheme of the recruitment, wherein it was mentioned that any dispute regarding the recruitment would be subject to courts having jurisdiction over the place of concerned Regional/sub-regional office of the commission, which in the present case was located at Allahabad.

On merit, the Court found that clause 9V of the recruitment scheme only provides that the Application for review/appeal shall be accompanied with a medical certificate on prescribed pro forma and there is no requirement of issuance of any medical certificate from the Doctor of any special field. Therefore the Court held that the medical certificate submitted by the candidates issued from Government District Hospital was absolutely valid and the communication/decision of the review medical board was absolutely illegal and in contravention of the scheme of the recruitment.

Ultimately the High Court allowed the Writ Petition and directed to constitute review medical board for the re-examination of the Petitioners within a week from the date of production of the copy of the Judgment.

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