Delhi High Court
Anupam Gupta vs The State (Govt. Of Nct Of Delhi)& ... on 30 October, 2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: October 30, 2017
+ W.P.(C) 9515/2017
ANUPAM GUPTA ..... Petitioner
Through: Mr. Firoze Ahmed Khan, Advocate
Versus
THE STATE (GOVT. OF NCT OF DELHI)& ORS. Respondents
Through: Mr. Rajat Malhtora & Mr. Sunil
Malhotra, Advocates
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
ORAL
1. Vide advertisement of 20th May, 2017, Delhi State Legal Services
Authority had invited applications from acid attack victims for their
rehabilitation under the Victim Compensation Scheme, 2011, which was
replaced by Delhi Victims Compensation Scheme, 2015. The vacancies
advertised of Lower Divisional Clerk (LDC) were 12 in number. The
petitioner claims to be an acid attack victim and she is said to have
applied for the post of Lower Divisional Clerk in pursuance to the above
advertisement on the basis of Medical Certificate of 12th April, 2017
(Annexure P-3) issued by Dr. Kalpana V. Ramani, CDMO and Dr.
Mahesh, Medical Officer, North District, who had opined that petitioner
is a victim of acid attack and she has suffered acid burns with intensity of
less than 50%. Since the medical opinion (Annexure P-3) was not
categoric, therefore, petitioner had approached this Court by way of
W.P.(C) 5894/2017, Anupam Gupta Vs. The State (Govt. of NCT of
Delhi) & ors., which was disposed of on 17th July, 2017 directing Lok
Nayak Jai Prakash Hospital (LNJP Hospital) to issue the necessary
certificate within two weeks. In pursuance thereto, LNJP Hospital had
issued a certificate on 20th September, 2017, whose true copy has been
placed on record by petitioner, which reveals that petitioner had suffered
3% acid burn injuries with no disability.
2. In this petition, the grievance of petitioner is that the impugned
certificate of 20th September, 2017 issued by LNJP Hospital is not
accurate, as it does not reflect the definite acid burn percentage and she
alleges bias against the doctors of LNJP Hospital.
3. Learned counsel for petitioner submits that in view of medical
opinion, as contained in Annexure P-3 and Certificate of 20th September,
2017 issued by LNJP Hosptial, petitioner is required to be examined by a
medical board of a different hospital so that the correct percentage of
burns suffered by petitioner comes on record to support her candidature
to the post of LDC on compassionate ground.
4. During the course of hearing, petitioner was called upon to produce
the MLC of the date when petitioner was first examined. A bare perusal
of photocopy of petitioner's MLC of 14th April, 2014 now placed on
record, reveals that petitioner had suffered multiple superficial burn
injuries on face, upper chest etc.
5. In such a situation, although there is no basis to doubt the medical
opinion rendered by LNJP Hospital of petitioner suffering 3% burn
injuries, but in view of the fact that another medical opinion rendered by
doctors (though not experts), as contained in Annexure P-3, is not
categoric, does make out a case to get petitioner examined from a
Medical Board of a different hospital.
6. In view of peculiar facts and circumstances of this case, while
making it clear that any order passed herein shall not be treated as a
precedent, this petition is disposed of while directing Medical
Superintendent of Ram Manohar Lohia Hospital (RML Hospital), New
Delhi to get a Medical Board constituted for examination of petitioner,
preferably within three days of this order. The petitioner shall appear
before the Medical Superintendent on 7th November, 2017 at 01:00 p.m.
so that her medical examination is facilitated on the said date by the
Medical Board so constituted and medical opinion be made available to
the petitioner on or before 10th November, 2017 by 04:00 p.m. It is
expected that Medical Superintendent of Ram Manohar Lohia Hospital
shall make all endavours to adhere to the schedule, as indicated above.
7. The petition is accordingly disposed of.
8. Copy of this order be given dasti under the signatures of the Court
Master to both the sides.
SUNIL GAUR
(JUDGE)
OCTOBER 30, 2017
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