Delhi High Court
Archit Sharma vs Central Reserve Police Force And ... on 17 December, 2021
$~77
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 17.12.2021
+ W.P.(C) 13138/2021 & CM APPL. 41430/2021
ARCHIT SHARMA ..... Petitioner
Through: Mr.Amit Kaushik & Ms.Bhateri
Devi, Advs.
versus
CENTRAL RESERVE POLICE FORCE AND ORS
..... Respondents
Through: Mr.Anurag Ahluwalia, CGSC
for UOI with Dr.Amarnath
Kumar, CRPF, DC/SMO &
Dr.Naishadh J. Jivrajani, BSF,
DC.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
NAVIN CHAWLA, J. (Oral)
1. The petitioner had applied for the 'Delhi Police, CAPFs and
Assistant Sub-Inspector in CISF Examination, 2019'.
2. The petitioner was declared unfit for appointment during the
Detailed Medical Examination on the following grounds:-
1. Overweight 3.5 kg
2. Chronic dermatitis of buttocks and back area
Signature Not Verified
Digitally Signed
Signing Date:18.12.2021
14:35:34
3. Cubitus Valgus
3. It is the case of the petitioner that the petitioner was thereafter
referred to the Jawahar Lal Nehru Hospital, Ajmer (hereinafter
referred to as 'JLN Hospital') for further examination. The petitioner
contends that during such examination, the petitioner was found to be
medically fit. The petitioner contends that inspite of the said report
finding the petitioner to be medically fit, the petitioner was again
declared medically unfit on the ground of 'Cubitus Valgus' by the
Review Medical Examination Board.
4. Pursuant to the order of this Court dated 03.12.2021, the
respondents have produced before us the original medical record of
the petitioner. The doctors who constituted the Review Medical Board
are also present in the Court today.
5. Upon perusal of the medical record, we find that the petitioner
was referred to JLN Hospital for an opinion from an Orthopaedic on
'Cubitus Valgus'. There is also a certificate dated 23.10.2021 issued
by the JLN Hospital, opining the petitioner to be fit orthopedically fit.
6. The doctors present in Court explain that they had carried out a
goniometry test on the petitioner, which does not seem to have been
carried out by the doctors at JLN Hospital. They submit that for this
reason the opinion of the JLN Hospital cannot be relied upon.
7. Be that as it may, as we have an opinion from the JLN Hospital
which declares the petitioner to be orthopedically fit, in the peculiar
facts of the present case, we are of the opinion that petitioner should
Signature Not Verified
Digitally Signed
Signing Date:18.12.2021
14:35:34
be examined by the Army R&R Hospital, New Delhi (hereinafter
referred to as 'R&R Hospital') for his alleged Cubitus Valgus. For this
purpose, the respondent shall request the R&R Hospital to constitute a
Board of doctors consisting of a specialist Orthopaedic and give an
appointment to the petitioner for being examined within a period of
ten days from today. The report of the R&R Hospital shall be
considered as final, with no party being allowed to challenge the same.
The respondent shall act upon the appointment application of the
petitioner in accordance with the report that is received from the R&R
Hospital within a period of two weeks from the receipt of the report.
The report received from the R&R Hospital shall also be shared with
the petitioner.
8. The petition is disposed of with the above directions.
9. The original medical record of the petitioner is returned back to
the respondents.
NAVIN CHAWLA, J
MANMOHAN, J
DECEMBER 17, 2021/rv
Signature Not Verified
Digitally Signed
Signing Date:18.12.2021
14:35:34
