Delhi High Court
Rahul Gainan vs Union Of India And Ors on 19 May, 2016
$~3.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4246/2016
RAHUL GAINAN ..... Petitioner
Through: Mr. Ankur Chhibber, Advocate
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Mr. Vikas Mahajan, CGSC with
Mr. S.S. Rai and Mr. Amit Mehta, Advocates
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MS. JUSTICE DEEPA SHARMA
ORDER
% 19.05.2016
1. This order is in continuation of the order dated 13.05.2016, on which
date, counsel for the petitioner had sought time to produce the original
documents, photocopies whereof have been placed at page 25 of the paper
book. Counsel for the petitioner has produced the originals of the documents
placed at pages 20 and 25 of the paper book. The certificate dated
21.03.2016 placed at page 20 (Annexure P2) reveals that the same has been
issued by a Doctor at the Orthopedic Department of Sawai Man Singh
Hospital, Jaipur. As for the certificate dated 12.04.2016 issued by a Doctor
at Dr. Ram Manohar Lohia Hospital, New Delhi, learned counsel explains
that the Doctor, who is a Resident Pediatrics at the Hospital affixed his
signatures at the bottom of the certificate as he was the CMO on duty at the
relevant time. However, the petitioner's examination was undertaken by an
Orthopaedist. He states that both the reports reveal that the petitioner does
not suffer from hyperextension of the elbow joints, which is contrary to the
report of the respondents/Indian Navy and therefore, he could not have been
declared medically unfit for the post of a Sailor in the Indian Navy.
2. Counsel for the respondents states on instructions that the parameters
for testing the status of hyperextension of elbow joints in the Indian Navy
would be entirely different from that required in the private sector and the
exigencies of service of a Sailor are of such a nature that any extension of
the elbow joint beyond zero degree would make a person unstable and result
in his suffering excessive injury. It is in this background that the petitioner
was declared unfit on medical grounds.
3. Having regard to the fact that the petitioner has produced the originals
of the documents annexed as Annexure P-2 and P-4, which are reports from
two separate Government Hospitals, one situated at Jaipur and the other at
Delhi, and they are in contradistinction to the report prepared by the
respondents at INS Chilka, we are of the opinion that the ends of justice
would be met if the respondents are directed to approach the Army R&R
Hospital at New Delhi, for conducting a Review Medical Board in respect of
the petitioner, limited to his alleged medical condition of hyperextension of
elbow joints, the ground on which his candidature was cancelled.
4. Accordingly, the present petition is disposed of with directions issued
to the respondents to approach the Army R&R Hospital, Delhi for
conducting a Review Medical Board in respect of the petitioner within two
weeks. The respondents shall give a written intimation of the date and time
fixed, to the petitioner to present himself at the said Hospital with all the
relevant documents. A report shall be submitted by the Army R&R
Hospital, Delhi within three weeks from the date the petitioner presents
himself. The same shall be submitted directly to the respondents, who shall
give a written intimation to the petitioner of the decision taken in respect of
his medical condition. It is made clear that the report of the Army R&R
Hospital shall be final and binding on both the parties.
5. If the petitioner is found fit by the Army R&R Hospital, then he shall
report at INS Chilka for training alongwith the new Batch that shall be
inducted in the month of August, 2016, as may be directed by the
respondents and at that stage, he shall have to undergo a fresh medical
examination for satisfying all other parameters as prescribed. If the
petitioner clears the said examination, he shall be recruited by the
respondents.
6. The writ petition is disposed of. This order shall not be treated as a
precedent in any other case.
HIMA KOHLI, J
DEEPA SHARMA, J
MAY 19, 2016
rkb/mk
