Keywords

Summary



Keywords

1 . OFFICIALS - APPLICATIONS TO THE COURT - INTEREST IN SUING - APPLICATION AGAINST REFUSAL TO APPOINT ON GROUNDS OF PHYSICAL UNFITNESS - APPOINTMENT BY INSTITUTION OTHER THAN THE DEFENDANT INSTITUTION - ADMISSIBILITY

( STAFF REGULATIONS OF OFFICIALS , ART . 91 )

2 . OFFICIALS - RECRUITMENT - REFUSAL TO APPOINT ON GROUNDS OF PHYSICAL UNFITNESS - TAKING INTO ACCOUNT OF PSYCHICAL OR PSYCHOLOGICAL DISORDERS , ACTUAL OR POTENTIAL - PERMISSIBILITY

( STAFF REGULATIONS OF OFFICIALS , ARTS . 28(E ) AND 33 )

3 . OFFICIALS - RECRUITMENT - REFUSAL TO APPOINT ON GROUNDS OF PHYSICAL UNFITNESS - DUTY TO STATE REASONS - SCOPE - CONFIDENTIALITY OF MEDICAL FINDINGS - LIMITS

( STAFF REGULATIONS OF OFFICIALS , ART . 25 , SECOND PARAGRAPH , AND ART . 28(E ))

4 . OFFICIALS - RECRUITMENT - REFUSAL TO APPOINT ON GROUNDS OF PHYSICAL UNFITNESS - REVIEW BY THE COURT - CONFIDENTIALITY OF MEDICAL FINDINGS - RELIANCE THEREON - LIMITS

Summary

1 . AN APPLICATION FOR THE ANNULMENT OF A DECISION ADOPTED BY A COMMUNITY INSTITUTION REFUSING TO APPOINT A CANDIDATE ON GROUNDS OF PHYSICAL UNFITNESS IS NOT INADMISSIBLE FOR LACK OF AN INTEREST IN SUING BY REASON SOLELY OF THE FACT THAT THE APPLICANT HAS IN THE MEANTIME BEEN APPOINTED AN OFFICIAL OF ANOTHER INSTITUTION .

2 . THE PURPOSE OF THE EXAMINATION PROVIDED FOR BY ARTICLE 33 OF THE STAFF REGULATIONS OF OFFICIALS IS TO ALLOW THE INSTITUTION CONCERNED TO DETERMINE WHETHER , FROM THE POINT OF VIEW OF HIS HEALTH ; THE CANDIDATE IS CAPABLE OF FULFILLING ALL THE OBLIGATIONS WHICH ARE CAPABLE OF FALLING UPON HIM HAVING REGARD TO THE NATURE OF HIS DUTIES . TO THAT END THE MEDICAL OFFICER OF THE INSTITUTION MAY LEGITIMATELY TAKE INTO ACCOUNT , ON THE BASIS OF ALL RELEVANT MEDICAL CRITERIA , NOT ONLY POSSIBLE PHYSICAL DEFICIENCIES IN THE STRICT MEANING OF THE WORD BUT ALSO PSYCHICAL OR PSYCHOLOGICAL DISORDERS OF SUCH A NATURE AS TO AFFECT THE FULFILMENT BY THE CANDIDATE OF HIS DUTIES AS AN OFFICIAL .

IN THAT REGARD IT IS EVEN POSSIBLE TO ENVISAGE THAT A FINDING OF UNFITNESS MAY BE BASED NOT ONLY ON THE EXISTENCE OF ACTUAL DISORDERS BUT ALSO ON A MEDICALLY JUSTIFIED PROGNOSIS OF FUTURE DISORDERS CAPABLE OF JEOPARDIZING IN THE FORESEEABLE FUTURE THE NORMAL PERFORMANCE OF THE DUTIES IN QUESTION .

3 . THE OBLIGATION TO STATE THE REASONS FOR A REFUSAL TO ENGAGE A CANDIDATE AS AN OFFICIAL ON GROUNDS OF PHYSICAL UNFITNESS MUST BE RECONCILED WITH THE REQUIREMENTS OF CONFIDENTIALITY WHICH , SAVE IN EXCEPTIONAL CIRCUMSTANCES , LEAVE THE INDIVIDUAL DOCTOR TO DECIDE WHETHER TO COMMUNICATE TO THOSE WHOM HE IS TREATING OR EXAMINING THE NATURE OF THE CONDITION FROM WHICH THEY MAY BE SUFFERING . THAT RECONCILIATION IS NORMALLY EFFECTED THROUGH THE ABILITY OF THE PERSON CONCERNED TO REQUEST AND ENSURE THE COMMUNICATION TO A DOCTOR OF HIS CHOICE OF INFORMATION WHICH SHOULD IN PARTICULAR ENABLE THE PERSON CONCERNED , EITHER DIRECTLY OR THROUGH HIS DOCTOR , TO JUDGE WHETHER THE DECISION REFUSING HIS APPOINTMENT IS IN ACCORDANCE WITH THE PROVISIONS OF THE STAFF REGULATIONS .

4 . ALTHOUGH THE COURT , WHEN SEISED OF AN APPLICATION AGAINST A DECISION REFUSING TO APPOINT A CANDIDATE ON GROUNDS OF PHYSICAL UNFITNESS , MAY NOT SUBSTITUTE ITS OWN JUDGMENT FOR THAT OF THE DOCTORS ON QUESTIONS WHICH ARE SPECIFICALLY MEDICAL , IT NONE THE LESS REMAINS FOR THE COURT , IN THE CONTEXT OF THE TASK , WHICH IS PECULIAR TO IT , OF REVIEWING WHETHER THE RECRUITMENT PROCEDURE HAS FOLLOWED A LAWFUL COURSE , TO CONSIDER WHETHER IT HAS AVAILABLE TO IT ALL INFORMATION RELEVANT TO THE REACHING OF ITS DECISION . A REFUSAL TO GIVE ANY INFORMATION WHATEVER CONCERNING THE BASIS OF THE MEDICAL RECORDS AND THE RELIANCE , BY THE DOCTORS IN THE CONFIDENCE OF THE COMMISSION , ON THE CONFIDENTIALITY OF MEDICAL FINDINGS , EVEN WHEN THE APPLICANT HAS EXPRESSLY RELEASED THEM FROM THE DUTY OF OBSERVING IT , HAVE THE RESULT OF MAKING IT IMPOSSIBLE FOR THE COURT TO CARRY OUT THE JUDICIAL REVIEW ENTRUSTED TO IT BY THE TREATY AND THE STAFF REGULATIONS .