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Can mental illness put a bar on holding sensitive posts?

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Civil Law

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Question: Can a patient of mental illness who is on regular medication become a member and chairman of child welfare, women welfare, juvenile justice board and handle such sensitive matters? Can mental illness put a bar on holding sensitive posts? 

Asked from: Andhra Pradesh

Mental fitness is mandatory for holding top posts related to child welfare, juvenile justice board and other similar sensitive matters. The mental illness should be severe and to such extent which forbids the person to discharge his duty diligently.

If a mentally unfit person has been appointed to such a public post you can challenge his appointment before the High Court. It is a matter  of public interest that a mentally fit person should hold such a post. 

You can challenge such an appointment before the High Court under Article 226 of the constitution. The court can pass an appropriate order thereby directing the government or concerned authority to remove such a person from the public post.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

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