PRAFULL KUMAR SINGH Vs. UNION PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) SINCE the last few days we have been receiving writ petitions in this Court pertaining to medical examination conducted by doctors in the medical cadre of Central Para Military Forces, and the issue being one of medical opinion, is not expected to be decided by Judges, for the obvious reason, the field of medicine and human fitness with reference to body diseases is not the province of Judges.

(2.) BUT, it would then be the duty of the medical experts to be clear in their opinion.

(3.) ON a short subject we are penning a few extra words so that the doctors working in the hospitals of Central Para Military Forces are instructed to not simply record their opinions pertaining to the medical unfitness, if certified by them, but to give reasons for the opinion so that when a matter is brought before a Court, the Judge can apply the 'Fry's Test'; the well- known test pertaining to an opinion on a subject of expert knowledge when requiring a judicial evaluation. The Fry's Test required the Court to see whether the opinion relates to a matter of science or special knowledge and is given by a person who is an expert in the field and lastly that the methodology applied to render the opinion is based on a theory or a hypothesis accepted by the experts in the field and that the said theory or hypothesis has been applied to the admitted facts.