• Pre employment medical test

My brother has got a job in a PSU. They conduct pre employment medical test.

He has some minor levels of hypothyroidism. As per expert doctors this is not an issue and this means nothing. This doesn't require treatment and trying to get normal results by medicine will not be fruitful and may actually harm him. 

However the internal doctor of the PSU will accept only "normal" values. 

So essentially the PSU requirements go against standard medical opinion. 

What can we do if the PSU rejects him by declaring him unfit? How can we challenge it.
Asked 10 months ago in Labour

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10 Answers

You can approach HC and get yourself tested by an independent medical expert appointed by HC on your request. Such opinion prevails over opinion of PSU expert.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

You can challenge the same in writ petition before HC

Prashant Nayak
Advocate, Mumbai
31809 Answers
176 Consultations

4.1 on 5.0

Please wait till the PSU takes a decision. If it is not in your favour, engage a competent lawyer and file a Writ Petition in the High Court challenging the PSU's action and seeking necessary directions to them for accepting the expert doctors' views.

Swaminathan Neelakantan
Advocate, Coimbatore
2773 Answers
20 Consultations

4.9 on 5.0

Your brother can approach high court through WRIT Petition. 

Siddharth Srivastava
Advocate, Delhi
1233 Answers

5.0 on 5.0

File petition before CAT against decision of PSU to reject his appointment on grounds that he is medically unfit 

Ajay Sethi
Advocate, Mumbai
94524 Answers
7486 Consultations

5.0 on 5.0

HC will not intervene if their is alternative remedy available 

 

if it is central PSU then approach CAT 

Ajay Sethi
Advocate, Mumbai
94524 Answers
7486 Consultations

5.0 on 5.0

- It is correct that this come under the normal diseases , and the PSU cannot take it negative for the rejection of the employment opportunity of your brother. 

- If you have opinions of expert doctors with you , then you can send the said certificate to the higher official of PSU

- Further, even if rejected him , then he should approach the Central Administrative Tribunal (CAT) for getting order in his support . 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

If the recruitment rules do not allow the appointment for the said medical reasons, then it may not fetch you any result in your favor even if you prefer an appeal against the decision, rejecting his candidature, before the CENTRAL ADMINISTRATIVE TRIBUNAL

But that will not prevent you to approach high court with a writ petition seeking relief based on the expert medical examiners' opinion in this regard as an evidence to prove that the said disease will not be harmful or a hindrance to the employment, if offered.

Before that you can wait for the decision by the PSU in this regard.

 

 

T Kalaiselvan
Advocate, Vellore
84724 Answers
2173 Consultations

5.0 on 5.0

You can contact an advocate practicing in High court  and discuss with the chosen advocate on all such issues before filing the petition as suggested 

T Kalaiselvan
Advocate, Vellore
84724 Answers
2173 Consultations

5.0 on 5.0

If your brother is rejected by the PSU based on the medical test declaring him unfit, there are steps you can take to challenge the decision. Here are some general guidelines:

 

Gather Medical Documentation: Collect all relevant medical documentation and expert opinions that support the fact that your brother's condition of minor hypothyroidism does not require treatment and does not impact his ability to perform the job duties. This can include reports, test results, and opinions from qualified medical professionals.

 

Review PSU Guidelines: Carefully review the guidelines provided by the PSU regarding the medical requirements for employment. Pay attention to any specific criteria they have set for the medical fitness test.

 

Consult a Lawyer: Seek legal advice from a lawyer who specializes in employment or labor law. They will be able to guide you through the legal process and help you understand your options based on the specific laws and regulations applicable to your case.

 

File an Appeal: If your brother is rejected, follow the PSU's appeal procedure, if any, within the specified timeframe. This typically involves submitting a written appeal, along with supporting documents and arguments, explaining why the rejection is unjust or incorrect.

 

Approach the Labor Authorities: If the PSU does not have an internal appeal process or if the appeal is unsuccessful, you may consider approaching the labor authorities or employment tribunal in your jurisdiction. File a complaint with the appropriate authority, providing all relevant documentation and evidence to support your case.

 

Engage Legal Representation: If the matter escalates and legal action becomes necessary, engage a lawyer to represent your brother in court. They will guide you on how to approach the High Court and help prepare the necessary documents, including a writ petition, if applicable.

 

It's important to note that the specific procedures and requirements for challenging the rejection may vary depending on the jurisdiction and the PSU's policies. Therefore, it is crucial to consult with a lawyer who is well-versed in employment law and has experience handling similar cases in your specific jurisdiction.

 

 

 

 

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

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