Delhi High Court
Saurabh Yadav vs Union Of India And Ors. on 21 March, 2018
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6902/2017
SAURABH YADAV ..... Petitioner
Through: Mr.Ankur Chhibber &
Ms.Shruti Munjal, Advocates
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Mr.R.L.Goel & Ms.Anju Gupta,
Advocates for UOI
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MS. JUSTICE PRATIBHA RANI
ORDER
% 21.03.2018
1. The present petition has been filed by the petitioner seeking
directions to the respondents/CISF to get him medically examined at
any hospital as per the recommendations of the respondents and if
found fit, declare his result for recruitment to the post of Sub-
Inspectors (SI) in the Delhi Police and Central Armed Police Forces
(CAPF's) in the CISF Examination, 2016.
2. The brief undisputed facts of the case are that on 09.01.2016,
Staff Selection Commission (SSC) issued a Notice for recruitment of
Sub-Inspectors (SI) in the Delhi Police and Central Armed Police
Forces (CAPF's) and Assistant Sub-Inspectors in the CISF
Examination, 2016. On 24.01.2016, the petitioner applied for
recruitment under the OBC category. He appeared in the pre-
examination on 20.03.2016, but the same had to be cancelled due to
leakage of the examination papers. Subsequently, on 07.06.2016, the
petitioner was directed to appear in the written examination conducted
at Pandav Nagar, New Delhi. On clearing the written examination, he
was called for a Physical Endurance Test (PET), the results whereof
were declared on 19.09.2016, wherein he was declared fit. On
18.12.2016 the petitioner sat in the Main Examination (Part-II) at New
Delhi and on successfully clearing the said examination, he was issued
a letter dated 24.03.2017 for document verification and Medical
Examination scheduled on 18.04.2017. The petitioner was medically
examined at the Composite Hospital, BSF on 19.04.2017, where he
was declared medically unfit on account of suffering from 'Tremors,
Overweight & Hypertension'.
3. Aggrieved by the aforesaid findings, the petitioner filed an
appeal on 25.04.2017 and sought a Review Medical Board, which
request was acceded to and on 24.06.2017 the Review Medical Board
asked the petitioner to appear at the Composite Hospital, BSF,
Jodhpur on 19.07.2017 for a medical examination, which he did but
was declared fit for 'Tremors and Overweight'. The petitioner was,
however, declared unfit on account of 'Hypertension'.
4. In the very same month, the petitioner's parents took him to
Rao Tula Ram Memorial Hospital, Govt. of NCT of Delhi for
examination, where Dr.Rajiv Solanki, Sr.Medical Officer, had opined
as under:
"BP - within Normal range. Fit from medicine side.'
5. Armed with the said report, the petitioner has filed the present
petition stating inter alia that having cleared the written examination
and the physical test, he has been declared unfit only because of
discrepancies in his medical report and that a Government hospital has
cleared him of 'Hypertension'.
6. A counter-affidavit in opposition to the present petition has
been filed by the respondents wherein it has been averred that the
petitioner was initially medically examined at the Composite Hospital,
BSF, Jodhpur on 19.04.2017 and declared unfit on three counts i.e. (i)
Tremors, (ii) Overweight & (iii) Hypertension. When the petitioner
preferred an appeal against the findings of the DME Board, the same
was considered and accepted by the Appellate Authority on
19.07.2017. His medical examination was held at the Composite
Hospital, Jodhpur on 21.07.2017, where he was declared unfit on
account of 'Hypertension'.
7. Learned counsel submits that 'Hypertension' has been
mentioned as a General ground for Rejection in para 6 of the Revised
Uniform Guidelines for Recruitment Medical Examination for
recruitment of GOs and NGOs in the CAPFs & AR, dated 20.05.2015.
He submits that the medical examination of the petitioner has revealed
on two occasions that he suffers from 'Hypertension' and therefore, is
unfit for recruitment to the subject post.
8. Learned counsel for the petitioner says that in similar
circumstances, as in the present case, the court had passed an order
dated 11.08.2016 in W.P.(C) 6202/2016 and 6210/2016, permitting
the two petitioners therein to present themselves at the Army R&R
Hospital to examine them and it was directed that in the event the
Medical Board would find them fit, the respondent authorities would
reconsider their decision with regard to their appointment.
9. Learned counsel for the respondents states on instructions that
they have no objection to the petitioner being referred to the Army
R&R hospital, New Delhi but it may be clarified that he shall have to
be admitted in the hospital so that the effect of any medication for
treatment of hypertension that could camouflage the result, wears off.
10. Accordingly, the present petition is allowed and disposed of
with directions issued to the respondents/CISF to give a written
intimation of the date and time, on which the petitioner shall present
himself at the Army R&R Hospital, New Delhi, for being admitted for
a period of one week or more/less, as considered necessary. The
medical records of the petitioner shall be submitted alongside. The
report of the Army R&R Hospital shall be forwarded directly to the
respondent/CISF with a copy marked to the petitioner. The said report
shall be considered as final. In the event the said report clears the
petitioner of the condition for which he has been disqualified by the
respondents, then the respondent/CISF shall take immediate steps to
process his candidature, subject to any other eligibility conditions as
prescribed, with all consequential benefits to which he would be
entitled in law.
11. The petition is disposed of with no orders as to costs. We make
it clear that the above order has been passed in the peculiar facts and
circumstances of the case and shall not be cited as a precedent in the
future.
12. A copy of the order be given DASTI under the signatures of the
Court Master, to the counsels for the parties.
HIMA KOHLI, J.
PRATIBHA RANI, J.
MARCH 21, 2018
'hkaur/pg'
