Delhi High Court
Vicky vs Union Of India And Ors on 13 May, 2016
Author: Hima Kohli
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4260/2016
VICKY ..... Petitioner
Through : Mr. Ankur Chibber, Advocate
versus
UNION OF INDIA AND ORS ..... Respondents
Through : Ms. Bharti Raju and Mr. Chetan Lokur,
Advocate with Surgeon Commander
Anand Neelakantan and
Lt. Vikrant Singh.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
% 13.05.2016
1. The present petition has been filed by the petitioner, who had applied
for the post of a Sailor in the Indian Navy in the year 2015, praying inter
alia for quashing the order dated 20.2.2016, whereunder he has been found
medically unfit for enrolment in the Navy on two counts, namely, ectopic
thyroid and venous humangioma and as a result, his candidature was turned
down.
2. Counsel for the petitioner submits that after the petitioner had
returned from INS Chilka, Orissa, he approached an ENT Specialist at
Safdarjung Hospital, New Delhi and as per his diagnosis at page 17, he does
not suffer from ectopic thyroid and venous humangioma.
3. Counsel for the respondents, who appears on advance notice, hands
over documents pertaining to the petitioner and submits that at the time of
his primary medical examination at Ambala, he was found fit, but
subsequently, on reporting to INS Chilka, his provisional diagnosis was to
the following effect :
"11. PROVISIONAL DIAGNOSIS :
(O1) TWO SWELLINGS ON (LT) SIDE OF TONGUE
(02) HYPER EXTENSION OF ELBOW JOINTS."
4. Based on the aforesaid provisional diagnosis, the petitioner was
referred to the Surgeon Commander, who had confirmed that he suffers
from ectopic thyroid and venous humangioma, but he was found fit as far as
the indication of hyperextension of elbow joints was concerned. It is
submitted that based on the first two disabilities, the petitioner had to be
declared unfit for service.
5. Counsel for the petitioner submits that there is no procedure for a
Review Medial Board in the Indian Navy and in view of two contrary
reports, one by the ENT Specialist, Safdarjung Hospital, Delhi and other by
the Surgeon Commander at INS Chilka, Orissa, it would be appropriate if
the respondents are directed to approach the R&R Hospital, Delhi for
conducting a Review Medial Board in respect of the petitioner.
6. Having regard to the two reports, one submitted by the respondents
where the Surgeon Commander has declared the petitioner unfit for
recruitment on account of suffering from ectopic thyroid and venous
humangioma and the other by an ENT Specialist at a government hospital,
namely, Safdarjung Hospital, Delhi, who has clearly stated that there is no
evidence of ectopic thyroid and venous humangioma, we deem it appropriate
to direct the respondents to approach the R&R Hospital, Delhi with a request
that a Review Medical Board be constituted in respect of the petitioner
relating to the aforesaid two conditions. The petitioner shall be intimated of
the date and time when he is required to present himself before the Review
Medical Board. The same shall be communicated to him through his counsel
within a period of four weeks from today. The petitioner shall appear before
the Board on the fixed date and time.
7. The respondents shall ensure that the petitioner's medical records are
forwarded to the Review Medical Board for their perusal. The Review
Medical Board shall submit its report directly to the respondents, with a
copy thereof furnished to the petitioner. Both the parties shall be bound by
the report of the Review Medical Board, R&R Hospital, Delhi, which shall
be treated as final.
8. It is clarified that the aforesaid order has been passed in the peculiar
facts and circumstances of the present case and will not be treated as a
precedent in any other case.
9. The writ petition is disposed of.
HIMA KOHLI, J
SUNIL GAUR, J
MAY 13, 2016
sk/mk
