Allahabad HC strikes down stipulation of ‘same-day appeal’ in Constable Recruitment Rules [Read Order]

The Allahabad High Court has struck down a stipulation in a provision for Appeal in Constable Recruitment Rules, which stated that no appeal with respect to the medical examination shall be entertained if the Candidate fails to appeal on the day of his medical examination and announcement of the result of the same.The Rules which provided appeal with respect to medical examination reads: “any candidate not satisfied by his medical examination, shall file an appeal on the day of examination itself. No appeal with respect to the medical examination shall be entertained if the Candidate fails to appeal on the day of his medical examination and announcement of the result of the same. The appeal should be disposed of by the medical Board constituted for the purpose within one month of the appeal being filed.”Candidates for appointment on the posts of Constables in U.P. Police and other equivalent posts, whose candidature were rejected on medical grounds, had approached the High Court challenging the vires of certain provisions in U.P. Police Constables and Head Constables Services Rules, 2008.Justice Pradeep Kumar Singh Baghel, rejecting the contention that the Rules do not require recording any reason, while rejecting a candidate on medical ground, observed “In medical matter the possibility of divergent opinions of doctors is common. Moreover in this profession, skills differ from doctor to doctor. There is always possibility of error of judgment while forming an opinion. It is trite that in realm of diagnosis and treatment there is a scope for genuine difference of opinion. Hence a brief description of deficiency with a brief reason is necessary to eschew the arbitrariness.”The Court passed following orders The provision of Appendix-5(3) (d) to Rule-15 of the Rules, 2008, "on the day of the examination itself. No appeal with respect to the medical examination shall be entertained if the Candidate fails to appeal on the day of his medical examination and announcement of the result of the same" is struck down as arbitrary and ultra vires. A fresh Appellate Medical Board shall be constituted within two months, as directed above. A candidate, who is aggrieved by the order of the Medical Board, may file an appeal to the Appellate Medical Board within two weeks. The freshly constituted Appellate Medical Board shall continue in future recruitments also until appropriate amendment is made in the Rules, 2008; In the existing Appellate Medical Board at the Divisional level one doctor shall be of the rank of Professor of a Medical College nominated by the Principal of the concerned College.The petitioners' appeals shall be considered by the newly constituted Appellate Medical Board.Read the order here.

Allahabad HC strikes down stipulation of ‘same-day appeal’ in Constable Recruitment Rules [Read Order]

Ashok KM

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