Delhi High Court
Shri Dinesh Kumar Tyagi vs Ministry Of Personal, P. G. And ... on 19 December, 2017
$~3.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10328/2017 and CM APPL. 42110/2017
SHRI DINESH KUMAR TYAGI ..... Petitioner
Through: Mr. Prince Arora, Advocate
versus
MINISTRY OF PERSONAL, P. G. AND PENSION..... Respondent
Through: Mr. Akshay Makhija, CGSC with
Ms. Divyya Kapur and Mr. Shivi Sanyam,
Advocates
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 19.12.2017
1. The petitioner is aggrieved by the Memorandum dated 18.04.2017,
issued by the respondent No.1/SSC, declaring him medically unfit for
recruitment to the post of Sub-Inspector in the Delhi Police, CAPFs and
Assistant Sub-Inspector in CISF Examination, 2016, on the ground that he
had made a partial liver donation four and a half year ago, which
Memorandum has been upheld by the Review Medical Board, vide decision
dated 17.07.2017.
2. Learned counsel for the petitioner states that vide Notification dated
09.01.2016, the respondents had invited applications for recruitment to the
post of Sub-Inspector in Delhi Police, CAPFs and Assistant Sub-Inspector in
CISF Examination, 2016. Being eligible for the said post, the petitioner
applied for recruitment and had qualified in the written examination.
Subsequently, the petitioner qualified the Physical Endurance Test (PET)
held on 17.09.2016. Vide letter dated 24.03.2017, issued by the respondents,
the petitioner was called upon to produce his documents for verification and
appears for a medical examination on 15.04.2017. It was in the said
examination that he was declared medically unfit vide Memorandum dated
18.04.2017, on the ground that he had donated a part of his liver. The
petitioner sought a review medical examination, which was allowed, but the
Review Medical Board also declared him unfit vide Memorandum dated
17.07.2017.
3. Learned counsel for the petitioner submits that the petitioner had
donated a part of his liver from the right lobe, to his mother, for which he
underwent a surgery on 22.04.2013, at Apollo Hospital, New Delhi but now
he was medically fit. After the petitioner had been issued the Memorandum
dated 18.04.2017, declaring him unfit, he had appeared for a medical
examination on 21.04.2017, at Dr. RML Hospital, where he was declared fit
to join, vide certificate dated 22.04.2017. He submits that relying on the
said certificate, the petitioner had asked for a review, which was undertaken
by the respondents on 15.07.2017, but again, he was declared unfit by the
Review Medical Board, vide order dated 17.07.2017.
4. Learned counsel for the petitioner submits that thereafter, yet again,
the petitioner had approached Kailash Hospital and Heart Institute, Noida,
Max Centre for Liver and Biliary Science, Delhi as also Fortis Escorts Liver
and Digestive Disease Institute, Delhi for his medical examination and all
the said hospitals have issued certificates, declaring him as fit and observing
that his liver has grown back to normal after resection. Learned counsel
submits that it would be appropriate if the petitioner is referred to an
independent hospital for his medical examination.
5. Having regard to the fact that the petitioner has filed four certificates,
one issued by a Government Hospital (Dr. RML Hospital) dated 22.04.2017
and three by private hospitals, i.e., Kailash Hospital and Heart Institute,
Noida, Max Centre for Liver and Biliary Science, Delhi and Fortis Escorts
Liver and Digestive Disease Institute, Delhi) dated 24.09.2017, 26.09.2017
and 27.09.2017 respectively, we are of the opinion that the petitioner is
entitled to one more chance for establishing his medical fitness in respect of
the liver transplantation that he had undergone in the year 2013, for which
purpose, it is deemed appropriate to direct the respondents to approach the
Army R&R Hospital, Delhi for constituting a Medical Board to examine the
petitioner on the above aspect.
6. The R&R Hospital shall be at liberty to request a Specialist in the
field from the Institute of Liver & Biliary Sciences, New Delhi, to be a part
of the said Board. The respondents shall communicate the date and time for
the petitioner to appear before the Medical Board at R&R Hospital, for the
purpose of examination. The Review Medical Board at R&R Hospital shall
submit its report directly to the respondents with a copy forwarded to the
petitioner. Both the parties shall be bound by the report of the R&R
Hospital, which shall be treated as final.
7. It is further directed that if the Review Medical Board declares the
petitioner as medically fit, then the respondents shall take immediate steps to
process his case, if found eligible in all other aspects, for appointment to the
subject post. The entire process shall be completed as expeditiously as
possible, and preferably within four weeks from today.
8. The petition is disposed of alongwith the pending applications.
DASTI to the counsels for the parties, under the signatures of the
Court Master.
HIMA KOHLI, J
REKHA PALLI, J
DECEMBER 19, 2017
rkb/ap
