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Unfit paramilitary aspirants need to be told reasons: Court

Sunday October 14, 2012 03:27:55 PM, IANS

New Delhi: Aspirants for various posts in the central paramilitary forces who are ruled medically unfit are entitled to a detailed report as to why they were not selected, the Delhi High Court has ruled.

The court has also warned that in future, if an "inchoate opinion" is given while rejecting a candidate on medical grounds, it would be treated as contempt of its order.

A division bench consisting of Justice Pradeep Nandrajog and Justice Manmohan Singh said, "We direct that henceforth if any doctor of any central paramilitary force would give an inchoate opinion, we would treat it to be a case of contempt," adding that such report should include a reference to the "requisite standards prescribed or known to be prescribed and accepted as such by the experts in the field".

The court order came while dealing with the case of a person who was rejected by the recruitment board after being termed unfit on medical grounds. After perusing medical reports from two different hospitals, the court held the person to be medically fit to be appointed as an assistant commandant.

Taking note of the increasing number of similar cases being filed by aspirants, the court directed the recruitment board of every central paramilitary force to record the finding of the medical examination with reference to the prescribed standards.

"We direct that henceforth every doctor or a board of doctors of every central paramilitary force, while conducting the medical examination of a candidate, if finding the candidate to be unfit, would record the parameter with reference where-to unfit has been opined," the court said.

Highlighting the importance of referring to the known medical standards of fitness, the court remarked: "In each case we have highlighted that it is useless to simply state that the person concerned has been found to be unfit, or at the most simply state the cause for it to be opined that the person is unfit."

"Any such certificate issued hereinafter which does not so prescribe would be treated as an act of defiance of the orders passed by this court," it warned.



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