Rejecting a candidate on medical grounds: Then post intimation with reason on website.
A litigant always looks for his lawyer to come and announce to him:
"There is good news.”
The court has decided your appeal in your favor.
A person may equate joy from such announcement with the Doctor announcing: ‘There is good news. You have become a parent."
More so such is the joy from pronouncement of judgment: in case of a candidate expecting, employment.
(A) The courts of law are "Parens Patriae":
"Parent to the Nation": Legal Protector of Citizens unable to protect themselves: and time and again have delivered decisions to defend the interest of citizens and candidates seeking employment.
The courts are wise and smart to smell the underlying reason and even if they don't post scathing remarks on veiled tactics, underlying corruption, casual approach, lethargy, in -competiveness, etc etc deliver judgments that can help to rule out such eventualities and promote transparency, provide for convenient, cost efficient recourses to citizens and candidates seeking employment.
Such judgments read for dazzled citizens and candidates: "There is good news.”
(B) Dated: 18t April, 2017: The High Court while hearing the plea of candidate for recruitment of sailors in Indian Navy in 2016, observed that:
"In cases where candidates are rejected on medical grounds, the gist of the reasons for rejection, if not provided to the candidate, should at least be put on the website so that they can easily access it. This will save time and expense of contestants pursuing requests under the Right to Information Act, 2005 and other legal means.
The establishment (Defense Services) being all India services, candidates apply from far flung places. It is an arduous endeavor and difficult to seek justice from Delhi and other parts of India where candidates are medically checked up
This will also instill faith in information available in public domain by putting parties to advance notice after the final results are known to the authorities. Information put timely on the official website in such cases will help the interested persons to notice their shortcomings and deal with them. The suggestion commends itself to me as a transparent process. This court trusts the authorities, which must already be seized of this problem, and if not, they may consider putting a rational system in place.”
(C) The candidate was declared medically unfit at the first stage for tachycardia (an abnormally rapid heart rate) and impacted wax (build-up of layers of earwax within the ear). In the review, the candidate was declared fit on these two counts but diagnosed with chronic otitis media effects of bilateral (inflammatory diseases of the middle ear).
Since no document was supplied to him, he procured the review board record through right to information (RTI) and as the opinions differed, he got himself examined at Post Graduate Institute of Medical Education and Research (PGIMER), Chandigarh.
The PGIMER termed him fit on all counts. Following this, he approached the high court in October 2016. The court referred his case to Army Research and Referral Hospital, Delhi Cantt, which termed him fit.
(D) The judgment reads:
"There is good news.”
The final medical opinion of medical experts of the Referral Hospital is expressed in favor of the petitioner.
The team of doctors has opined that currently no evidence of Chronic Otitis Media (Bilateral) is present on the person of the petitioner and he has been declared fit for the disability for which he was declared unfit.
Since the decks are cleared the petitioner will be offered appointment as a Sailor in the Indian Navy as soon as possible in any current or subsequent course, as the case may be.
Before parting with the order, this Court notices the concern of Mr.Navdeep Singh shared in Court after the passing of the above order, that the authorities in the respondents should consider that in cases where candidates are rejected on medical grounds and make a grievance of being denied appointment on account of being declared medically unfit, the gist of the reasons for rejection, if not posted personally at the addresses of the candidates, should at least be put on the web site of the authorities from
where information can be easily accessed by the aggrieved candidates. This would save the precious time and expense of contestants pursuing requests under the Right to Information Act, 2005 and other legal means adopted through representations and legal notices to elicit responses and for them to make up their mind whether to take recourse to law, which is a valuable right. This would instill faith in information available in public domain by putting parties to advance notice after the final results are known to the authorities. Defence services being all India services, candidates apply from far flung places in the sub-continent that comprises the huge Indian territory which by sheer size makes it a very arduous endeavour to seek justice from Delhi and other parts of India where candidates are medically checked up.
The suggestion of the leaned counsel ought not to be dismissed off hand without due thought paid to the benefits it might reap and bring to those who ardently await results of medical examination on which careers depend, from the first medical examination to the appeal stage.
Information put timely on the official web site in such cases would help interested persons to notice their shortcomings and deal with them. The suggestion commends itself to me as a transparent process.
This Court trusts that the authorities which must already be seized of this problem and if not, they may consider putting a rational system in place.
With this hope, this petition stands disposed of as having been rendered infructuous.
Kulwant Singh Vs Union of India and others
CWP No. 21138 of 2016
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CORAM:- HON'BLE MR.JUSTICE RAJIV NARAIN RAINA
Date of Decision: 18.04.2017