Defence doctors medical opinion in recruitment of armed forces prevail: Delhi HC

For the selection of armed forces, the medical opinion of the doctors of the Forces prevail over the report of private or even other government doctors as these doctors are more aware of the demands of the duties, said the Delhi High Court.

The Delhi High Court has said that for the selection of armed forces, the candidates must be fully fit and no benefit of the doubt in this regard can be given to the candidates. It also added that the medical opinion of the doctors of defence hospitals cannot be discarded and it prevails over the report of private and other government doctors.

The court has said that the Medical Manuals for entry to the Forces cannot be said to be laying down all complex ailments/grounds that would make a candidate unfit for appointment to Armed Forces. The recruiting medical officer can use his clinical acumen to the best of his knowledge and keep in view the best interests of the Forces, as reported by Live Law.

The court added that the exercise of its power under Article 226 of the Constitution of India, cannot interfere with the findings of the Medical Board, especially when there is no allegation of mala fide or arbitrariness by the doctors.

Petitioner challenges medical fitness test in Armed Forces

The petitioner had challenged the decision of the Medical Board of his medical fitness test in the Armed Forces for declaring him medically unfit due to cardiovascular abnormality. However, the doctors who had examined the petitioner said in the court that a mere normal report of echocardiogram is not sufficient to be declared as fit for the Forces when the ECG test is showing the candidate to be suffering from 'Right Bundle Branch Block'.

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