REASONS FOR SUCH A DECISION MUST BE STATED .
15THE DUTY TO STATE THE REASONS MUST BE RECONCILED WITH THE REQUIREMENTS OF PROFESSIONAL SECRECY 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 .
16THAT RECONCILIATION IS EFFECTED THROUGH THE ABILITY OF THE PERSON CONCERNED TO REQUEST AND ENSURE THE COMMUNICATION TO A DOCTOR OF HIS CHOICE OF THE GROUNDS ON WHICH HE HAS BEEN DECLARED UNFIT ; THAT INFORMATION SHOULD ENABLE THE PERSON CONCERNED , EITHER HIMSELF OR THROUGH HIS DOCTOR , TO JUDGE WHETHER THE DECISION SUSPENDING THE RECRUITMENT PROCEDURE CONFORMS WITH THE REQUIREMENTS OF THE STAFF REGULATIONS .
17THE STATEMENT OF GROUNDS CONTAINED IN THE COMMUNICATION OF 14 SEPTEMBER 1976 WAS ADEQUATE PROVIDED THAT , WITHIN A REASONABLE TIME AND IN ANY CASE BEFORE THE END OF THE PERIOD WITHIN WHICH A COMPLAINT MUST BE SUBMITTED , THE APPLICANT ' S PRIVATE DOCTOR WAS PUT IN A POSITION TO ACQUAINT HIMSELF WITH THE REASONS FOR THE DECISION AND TO ADVISE THE APPLICANT WHETHER IT WAS POSSIBLE TO CONTEST THE GROUND ON WHICH SHE WAS DECLARED UNFIT .
18THE MEDICAL REPORT CONCERNING THE UNFITNESS OF THE APPLICANT WAS SENT TO HER PRIVATE DOCTOR ONLY AFTER THE EXPIRY OF THE PERIOD WITHIN WHICH A COMPLAINT MUST BE SUBMITTED .
19THE SAID DOCTOR WAS THEREFORE NOT INFORMED AND PUT IN A POSITION IN GOOD TIME TO ADVISE THE APPLICANT WHETHER IT WAS POSSIBLE TO CONTEST THE REASONS WHICH LED TO THE CONCLUSION THAT SHE WAS PHYSICALLY UNFIT TO PERFORM THE DUTIES IN QUESTION .
20IN -SUGGESTING THAT THE APPLICANT SHOULD INVITE HER OWN DECTOR TO ASK TO BE INFORMED OF THE GROUNDS JUSTIFYING THE DECLARATION THAT SHE WAS PHYSICALLY UNFIT , THE ADMINISTRATION INTENDED TO GIVE HER THE MEANS OF EFFECTIVELY CHALLENGING THOSE GROUNDS .
21THAT OPPORTUNITY WAS NOT GIVEN TO THE APPLICANT , WITH THE RESULT THAT THE COMMISSION VIOLATED THE GENERAL PRINCIPLE THAT WHEN ANY ADMINISTRATIVE BODY ADOPTS A MEASURE WHICH IS LIABLE GRAVELY TO PREJUDICE THE INTERESTS OF AN INDIVIDUAL IT IS BOUND TO PUT HIM IN A POSITION TO EXPRESS HIS POINT OF VIEW .
22FOR THAT REASON BOTH THE DECISION THAT THE APPLICANT WAS PHYSICALLY UNFIT CONTAINED IN THE LETTER FROM THE COMMISSION OF 14 SEPTEMBER 1976 AND THE IMPLIED DECISION REJECTING HER COMPLAINT MUST BE ANNULLED .
23IT IS FOR THE COMMISSION TO TAKE THE NECESSARY STEPS TO GIVE EFFECT TO THIS JUDGMENT .
24CONSIDERATION OF THE OTHER SUBMISSIONS PUT FORWARD BY THE APPLICANT IS PURPOSELESS .
25THE APPLICANT ALSO REQUESTS THE COURT TO RULE THAT AS A RESULT OF THE DECISION ANNULLED SHE HAS SUFFERED MATERIAL AND NON-MATERIAL DAMAGE , THE AMOUNT OF WHICH SHOULD BE FIXED AT BFRS 2 050 000 , AND THAT AS A RESULT OF THE GROSSLY WRONGFUL ATTITUDE OF THE COMMISSION THE APPLICANT HAS SUFFERED NON- MATERIAL DAMAGE , THE AMOUNT OF