Delhi High Court
Ashish Kumar vs Union Of India & Ors. on 17 May, 2016
$~6.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3205/2016
ASHISH KUMAR ..... Petitioner
Through: Mr. Rakesh Kumar Yadav, Advocate
with petitioner in person.
versus
UNION OF INDIA & ORS ..... Respondents
Through: Mr. Dev P. Bhardwaj, CGSC
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 the BSF Base Hospital be quashed and the respondent No.3/BSF be
directed to recruit him as a Constable (GD).
2. Learned counsel for the petitioner submits that the petitioner was one
of the candidates, who was selected by the respondent No.2/SSC for
recruitment in the Paramilitary Forces, for posts advertised in the year 2011.
The petitioner was duly issued an appointment letter by the respondent
No.3/BSF on 17.09.2015 and he had joined his duties at the Chhawla Camp,
New Delhi on 26.10.2015, as a probationer. However, he was declared unfit
in the medical examination conducted by the respondent No.3/BSF on
28.10.2015, on the ground that he is "having circular depressed Scar about
dia 06 cm 8 Depth about 02 CM at mid Line lumboscaral Region".
3. Counsel for the petitioner states that aggrieved by the said report, the
petitioner had approached the Safdargunj Hospital, New Delhi for verifying
his medical condition and he was advised to undergo a MRI (LS Spine). The
report of the Orthopaedic doctor at Safdarjung Hospital has been enclosed at
page 45 of the paper book.
4. Counsel for the petitioner states that the original MRI report of the
petitioner along with the original diagnosis received from Safdarjung
Hospital are available with his client and he shall produce the same as and
when directed.
5. Counsel for the respondents states that the BSF Hospital, R.K. Puram,
New Delhi is not equipped with specialists and it would be appropriate if the
respondents are permitted to approach the Army R&R Hospital, Delhi for
the petitioner to be re-examined there by an orthopaedic doctor along with
his MRI report.
6. Accordingly, the present petition is disposed of with directions issued
to the respondent No.3/BSF to approach the Army R&R Hospital, Delhi
within two weeks for conducting the petitioner's re-examination. The
respondents shall give a written intimation of the date and time fixed for the
petitioner to present himself at the said Hospital along with all the relevant
documents. A report shall be submitted by the Army R&R Hospital, Delhi
directly to the respondent No.3/BSF within three weeks from the date the
petitioner presents himself. The respondent No.3/BSF shall give a written
intimation to the petitioner of the decision taken in respect of his medical
condition. If the petitioner is found medically fit by the Army R&R
Hospital for the condition referred to above, then the respondents shall
reinstate him in service from the date of his initial appointment with all the
consequential benefits.
7. It is made clear that the report of the Army R&R Hospital shall be
final and binding on both the parties.
8. The writ petition is disposed of.
HIMA KOHLI, J
ASHUTOSH KUMAR, J
MAY 17, 2016
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