Jaspal Chahar vs Union Of India And Ors.

$~2.

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

+               WRIT PETITION(CIVIL) No. 4182/2017

                                     Date of decision: 9th October, 2017

        JASPAL CHAHAR                               ..... Petitioner

                          Through Ms. Archana Ramesh, Advocate.

                          versus

        UNION OF INDIA AND ORS.                     ..... Respondents

                          Through Ms. Ruchi Jain, Advocate.

        CORAM:
        HON'BLE MR. JUSTICE SANJIV KHANNA
        HON'BLE MR. JUSTICE NAVIN CHAWLA

SANJIV KHANNA, J. (ORAL):

        Jaspal Chahar, having been declared medically unfit on account
of 'Refractive Error B/L' and denied enrollment as a sailor in the
Indian Navy, has filed the present writ petition for medical re-
examination at the Army Hospital(Referral and Research), Delhi
Cantonment.

2.      The petitioner relies on medical opinion expressed in the Out
Patient Record dated 09.05.2017 of the V.M.M.C & Safdarjung
Hospital enclosed as Annexure P-4.




W.P. (C) No. 4182/2017                                      Page 1 of 3
 3.      The respondents, as recorded in the order dated 15.05.2017, had
stated that they would like to verify the authenticity of Annexure P-4.
Original of Annexure P-4 was furnished to the Respondents on
29.05.2017. On 26.07.2017 the respondents had informed the Court
that the OPD ticket, Annexure P-4, was not signed by any of the
doctors of the eye department in V.M.M.C & Safdarjung Hospital.
The respondents were asked to file counter affidavit affirming the said
fact.

4.      Respondents have filed an affidavit stating that the OPD ticket,
Annexure P-4, purportedly issued by VMMC & Safdarjung Hospital,
New Delhi, is a forged and fabricated document. In support, the
respondents have enclosed copy of the correspondence exchanged
with the Director, VMMC & Safdarjung Hospital. The OPD ticket was
circulated amongst the doctors of the Department of Ophthalmology,
VMMC & Safdarjung Hospital, who have, in writing, stated and
affirmed having not signed or written the said OPD ticket or they were
on leave on the said date. The respondents have highlighted ambiguity
of the language used in the opinion and absence of the doctor's seal.
The rubber stamp of the doctor, who had given the said opinion and
his name is missing.

5.      Counsel for the petitioner submits that the petitioner was
examined on 24th May, 2017 at All India Institute of Medical
Sciences. Photocopy of the said OPD slip/ticket has been shown to us
today in the Court. It is accordingly submitted that the petitioner




W.P. (C) No. 4182/2017                                     Page 2 of 3
 should be sent for re-medical examination at the Army Hospital
(R&R), Delhi Cant.

6.      We are not inclined to accept the prayer of the petitioner once
we accept averments made by the respondents in the counter affidavit
that the OPD ticket of VMMC & Safdarjung Hospital relied by the
petitioner is not a genuine document. The respondents have conducted
detailed inquiry and have been able to show and establish that the said
ticket is not signed by any of the doctors in the Department of
Ophthalmology, VMMC & Safdarjung Hospital. Moreover, the
language used in the opinion is ambiguous. The OPD ticket does not
bear the rubber stamp and name of the doctor, who had examined the
petitioner. We would, in these circumstances, decline and not exercise
discretionary writ jurisdiction in favour of the petitioner. The writ
petition is accordingly dismissed, with no order as to costs.



                                              SANJIV KHANNA, J.

NAVIN CHAWLA, J.

OCTOBER 09, 2017 VKR W.P. (C) No. 4182/2017 Page 3 of 3