Ajeet Yadav vs Union Of India And Ors
2016 Latest Caselaw 1245 Del

$~7.
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 1154/2016 and CM APPL. 5106/2016
       AJEET YADAV                                   ..... Petitioner
                        Through: Mr. A.K. Trivedi, Advocate with
                        Mr. Abhishek Tiwari, Advocate

                        versus


       UNION OF INDIA AND ORS                     ..... Respondents
                      Through: Ms. Saroj Bidawat, Advocate

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
       HON'BLE MR. JUSTICE SUNIL GAUR

                        ORDER

% 17.02.2016

1. The present petition has been filed by the petitioner praying

inter alia for issuing directions to the respondents to constitute an

independent Medical Board at R & R Army Hospital or any other Govt.

Hospital for re-examining him and if found fit, consider him for

appointment to the post of Constable (Driver) in the CISF.

2. Mr. Trivedi, counsel for the petitioner states that in the year

2014, the respondents had advertised for recruitment to the post of a

Constable (Driver). The petitioner had applied in response to the said

advertisement and had appeared in the requisite examinations. Vide

communication dated 27.03.2015, the petitioner was called for his

medical examination on 23.04.2015, where he was declared medically

unfit on two grounds, one, on account of "a Tattoo Mark over the right

arm" and second on account of suffering from "clubbing disability".

The petitioner had then appeared for a review medical examination

after obtaining a medical certificate from a Medical practitioner within

15 days of the medical examination. The review examination had

taken took place on 09.07.2015, where the petitioner was declared

unfit on account of clubbing disability. Thereafter, the petitioner had

approached Sawai Man Singh Hospital, Jaipur where he was examined

and a medical certificate dated 27.7.2015 was issued by the said

Hospital observing therein that "the Clubbing is Beniyn Familial

Clubbing" (Annexure P-3). Relying on the said Certificate, the

petitioner claims that he is entitled for being considered for the post of

a Constable (Driver).

3. A glance at the Medical Certificate obtained by the petitioner

from Sawai Man Singh Hospital, Jaipur also mentions that the

"clubbing is beniyn familial clubbing". The said Certificate only

reiterates the opinion that was earlier expressed by the Review

Medical Board conducted by the respondents. In these circumstances,

there is no justification for us to direct re-examination of the petitioner

before another Medical Hospital for an independent opinion. Assuming

that the petitioner was wrongfully declared as medically unfit by the

respondents, the independent opinion obtained by him from Sawai

Man Singh Hospital, Jaipur also does not support his case.

4. In these circumstances, the Court declines to grant the relief

prayed for in the present petition, which is accordingly dismissed

alongwith the pending application.

HIMA KOHLI, J

SUNIL GAUR, J FEBRUARY 17, 2016 rkb