Deepak Singh vs Union Of India & Ors.
2016 Latest Caselaw 3692 Del

$~2.
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 1786/2016
       DEEPAK SINGH                                   ..... Petitioner
                          Through: Mr. Rakesh Kumar Yadav, Advocate

                          versus

       UNION OF INDIA & ORS                        ..... Respondents
                     Through: Mr. Dev P. Bhardwaj, CGSC with
                     Mr. P.C. Yadav, Senior Panel Counsel.

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
       HON'BLE MR. JUSTICE ASHUTOSH KUMAR

                          ORDER

% 17.05.2016

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

that the proceedings of the Review Medical Examination held on 11.01.2016

at BSF Base Hospital be quashed and the respondent No.3/BSF be directed

to recruit him to the post of Constable (GD).

2. Learned counsel for the petitioner submits that the petitioner was one

of the candidates selected by the respondent No.2/SSC for recruitment in the

Paramilitary Forces, advertised in the year 2011. The petitioner was issued

an appointment letter by the BSF on 27.07.2015 and he had joined his duties

at the Chhawla Camp, New Delhi on 31.08.2015, on probation. Thereafter,

the respondent No.3/BSF had conducted a Re-Medical Examination of the

petitioner and as per the diagnosis dated 11.01.2016, it was noted that he

suffers from hypertension as his blood pressure was found to be fluctuating.

The respondent No.3/BSF had then referred the petitioner to the Medical

Specialist at Safdarjung Hospital, New Delhi for an opinion. The petitioner

had reported to the Safdarjung Hospital on the very next day, i.e., on

12.01.2016 and his blood pressure was found to be normal, i.e., 120/90.

Counsel for the petitioner submits that without taking note of the said

diagnosis, the respondent No.3/BSF issued a letter dated 27.01.2016,

informing the petitioner that he was found unfit in the Review Medical

Examination held on 11.01.2016. Aggrieved by the said decision, the

petitioner has filed the present petition.

3. On the last date of hearing, Mr. Bhardwaj, learned counsel for the

respondents had sought time to obtain clear instructions from the

Department in respect of the status of the petitioner and the reason for

turning down his candidature on medical grounds despite the report

forwarded by Safdarjung Hospital, New Delhi.

4. Today, Mr. Bhardwaj states that there are no clear instructions as to

the reason for turning down the petitioner's candidature after he had been

cleared for hypertension by Sardarjung Hospital, New Delhi. He submits

that to obviate any scope of the petitioner being on medication for treatment

of hypertension, which would camouflage the results, he would have to stay

at a place designated by the respondents for a period of one week whereafter

they shall conduct his fresh medical examination for hypertension.

5. Counsel for the petitioner expresses an apprehension that once the

respondent No.3/BSF having turned down the petitioner's candidature on

the ground that he is medically unfit and having arbitrarily declined to

consider the report given in his favour by the Safdarjung Hospital, New

Delhi, if he is admitted in a BSF Hospital, they may once again disqualify

him without looking into the merits of his case.

6. To allay the aforesaid apprehension, it is deemed appropriate to direct

the respondent No.3/BSF to approach the Army Hospital (R&R), New

Delhi, with a request to admit the petitioner for at least one week or a

timeline considered necessary so that the effect of the medication, if any,

that he might be taking for controlling hypertension, wears off and a clear

picture emerges with regard to his medical condition.

7. The respondent No.3/BSF is directed to give a written intimation of

the date and time, on which the petitioner shall present himself at the Army

Hospital (R&R), New Delhi, for being admitted for a period of one week or

more/less, as considered necessary. The report of the Army Hospital (R&R)

shall be forwarded directly to the respondent No. 3/BSF, who shall intimate

the result thereof to the petitioner. In the event the said report clears the

petitioner of any hypertension/suspected hypertension, then the respondent

No.3/ BSF shall take immediate steps to reinstate him with all the

consequential benefits.

8. The petition is disposed of.

HIMA KOHLI, J

ASHUTOSH KUMAR, J MAY 17, 2016 rkb/ap