Taking a stern view of the increasing number of cases filed by people who are not allowed to join the central paramilitary forces on flimsy medical grounds,the Delhi High Court has ruled that doctors who do not go by the prescribed fitness standards will be held in contempt of court.
A division bench of Justice Pradeep Nandrajog and Justice Manmohan Singh said,We direct that if any doctor of any central paramilitary force gives an inchoate opinion,we would treat it to be a case of contempt… Such reports 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 bench observed that BSF doctors were not following these standards and writ petitions on the subject of medical fitness were reaching the court virtually every day.
In each case we have highlighted that it is useless to simply state that the person concerned has been found unfit,or at the most simply state the cause for it to be opined that the person is unfit. We have been highlighting the importance of referring to known medical standards of fitness,for the reason,hardly anybody in this world would be 100 per cent fit, the bench said.
The courts order came while dealing with the case of a candidate rejected by the recruitment board after being termed unfit on medical grounds. After perusing medical reports from two different hospitals,the court held him to be medically fit and ordered his appointment as an assistant commandant.
The court further directed the recruitment board of every central paramilitary force to record the finding of the medical examination only with reference to prescribed standards.
We direct that every doctor of every central paramilitary force,while conducting the medical examination of a candidate,(if a candidate is found unfit) will record the parameter with reference where-to unfit has been opined, the court said.