N.K.Assumi (Advocate) 27 April 2010

Whether writ of Certiorari lie or civil action by way of Sui

Under the recruitment rules the selection committee has to referred the candidate to the medical surgeon for physical fitness, and it is only on the recomendation of the medical surgeon for physical fitness of the candidate; the selection committee selects the candidate for appoinment. Mr.A. one of the candidate was given a certificate by the medical surgeon as case of poor eye sight and as a result of which the selection committee rejects the candidatures of Mr.A. Can A challenge the action of the selection committee by way of prerogative writs of Certiorari? or does only a suit lie?

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3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 27 April 2010

Neither writ nor suit lies rather a representation to the higher authorties to constitute medical board in his case shall suffice. until the finding of the medical surgeon is not reversed, such candidate shall not get any benefit making writ or filing suit without any base.

N.K.Assumi (Advocate) 27 April 2010

Raj, thank you for lightning speed responds. But I would like to hear more from the members.

Daksh (Student) 27 April 2010

Mr.N.K.Asumi,

As a matter of fact in the eventuality if any anamoly qua the medical fitness is found out the requisite candidate is as a matter of policy is given sufficient (at least three months) time to cure the defect/illness. I may suggest you to look out for the departmental manual/service rules/guidelines in this regard.

The question of filing and maintaibability of the Writ will be dependent upon the fact whether the recruitment is for a office (covered within the defination of State).

Best Regards

Daksh