Delhi High Court
Akshay Suri vs Central Reserve Police Force And ... on 17 December, 2021
$~76
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 17.12.2021
+ W.P. (C) 13137/2021 & CM 41427/2021
AKSHAY SURI ..... Petitioner
Through Mr.Amit Kaushik and
Ms.Bhateri Devi, Advs.
versus
CENTRAL RESERVE POLICE FORCE & ORS.
..... Respondents
Through Mr.Ajay Digpaul, CGSC with
Mr.Kamal R.Digpaul, Adv. 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 medically unfit for appointment in
the Detailed Medical Examination on the following grounds:-
1. DOV BE - 6/12 Rt, 6/9 Lt
2. Tremor
3. Helix Vulgus (Rt)
Signature Not Verified
Digitally Signed
Signing Date:18.12.2021
14:35:34
3. The respondents thereafter referred the petitioner for medical
examination to the Jawahar Lal Nehru Hospital, Ajmer (hereinafter
referred to as 'JLN Hospital'). It is the case of the petitioner that
during such examination the petitioner was found to be medically fit,
however, inspite of the same in the Review Medical Examination the
petitioner was declared unfit due to Helix Vulgus (Rt).
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 of the Review Medical Examination Board
are also present in Court today.
5. The medical documents produced by the respondents shows that
the JLN Hospital, vide a report dated 23.10.2021, had found the
petitioner to be orthopedically fit. The doctors who are present in
Court explain that the petitioner was not referred to the JLN Hospital
for an orthopedic opinion, but only for an X-Ray. They submit that
there is an over-writing on the referral letter so as to include an
orthopedic opinion. The doctors submit that in any case, the said
opinion is not binding on the respondents as the civilian doctor would
not be in a position to ascertain the standards required for appointment
in the respondent service.
6. 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 Helix Vulgus (Rt). For
this purpose, the respondent shall request the R&R Hospital to
constitute a Board of doctors consisting of a specialist Orthopedic 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.
7. The petition is disposed of with the above directions.
8. 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
