Delhi High Court
Satender Kumar vs Uoi And Ors on 2 December, 2010
Author: Gita Mittal
10
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C)NO.7341/2010 and CM No.14527/2010
Date of Decision : 2nd December, 2010
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SATENDER KUMAR ..... Petitioner
Through : Mr. Anuj Aggarwal and
Mr. Gaurav Khanna, Advs.
versus
UOI AND ORS ..... Respondents
Through : Mr. Neeraj Chaudhary, CGSC
with Mr. Mohit Auluck, Adv.
CORAM :-
HON'BLE MS. JUSTICE GITA MITTAL
HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may NO
be allowed to see the Judgment?
2. To be referred to the Reporter or not? NO
3. Whether the judgment should be NO
reported in the Digest?
GITA MITTAL, J. (Oral)
1. By way of this writ petition, the petitioner assails an order
dated 3rd June, 2010 finding him medically unfit for
appointment to the post of driver with the Indo Tibetan Border
Police („ITBP‟ hereafter for gravity). The candidature of the
petitioner has been rejected on the ground that in a medical
examination dated 1st June, 2010 and the review medical
examination conducted on 17th September, 2010, it has been
opined that the petitioner is medically unfit on account of
"Deformed (Bony) little finger both hands".
2. The petitioner premises his challenge on the ground that
the medical boards which examined him did not include the
Orthopedician and no other test in the nature of X-ray or
otherwise was performed on the petitioner. The petitioner has
placed reliance on a medical examination conducted on 22nd
June, 2010 at the Primary Government Health Centre of Tehsil,
Kosi in District Rewari, which found the petitioner medically fit
for appointment to the post of Driver.
3. Perusal of the medical report of the petitioner‟s medical
examination and re-medical examination by the board dated
17th September, 2010 placed by the respondents before us
would show that the petitioner does not appear to have been
examined by specialist in the field concerned.
4. In the interest of justice and merits of this case, it is
necessary that the petitioner be appropriately examined by
such experts who would place the opinion on the medical
fitness of the petitioner for recruitment.
5. In view of the above, we make the following directions:-
(i) The petitioner shall appear before the Commandant,
Army Hospital (Research and Referral), Delhi Cantt.
with all records of his medical examination and
treatment, if any, which may be in his power and
possession, at 11.00 a.m. on 9th December, 2010.
(ii) The respondents shall also ensure that the complete
original record relating to the medical examinations
of the petitioner is placed before the Commandant,
Army Hospital (Research and Referral), Delhi Cantt.
on 9th December, 2010.
(iii) The Commandant, Army Hospital (Research and
Referral), Delhi is directed to constitute a Board of
concerned Specialists/Experts for examination of the
petitioner in the matter. The records which are
produced by the petitioner as well as the respondent
shall be placed before the Board so constituted.
(iv) The medical board, constituted in terms of our order
shall be at liberty to examine the petitioner as well
as the above records produced by the parties, on a
date and time appointed by it which shall be
informed to both parties. If considered necessary,
the Board may perform any test for arriving at their
conclusion. The Board shall thereafter take an
independent view in the matter uninfluenced by any
observation made in this order or the opinion
expressed in the report of the petitioner and
the reports produced by the parties.
(v) The report as well as the standards being applied
shall be communicated to both the parties.
(vi) If the report is found in favour of the petitioner, the
respondents shall proceed and take a reasoned view
thereon within four weeks.
(vii) Any order passed by the respondents shall be
forthwith communicated to the petitioner.
This writ petition is allowed in terms of the above
directions.
Copy of this order be given to counsel for the parties
under the signature of the Court Master.
CM No.14527/2010
In view of the order passed in the writ petition, no order is
necessary in this application and the same is dismissed.
GITA MITTAL, J
J.R. MIDHA, J
DECEMBER 02, 2010
mk
