Delhi High Court
Ajay Sharma vs Central Reserve Police Force And ... on 17 December, 2021
$~74
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 17th December, 2021
+ W.P.(C) 13133/2021 & CM APPL. 41420/2021
AJAY SHARMA ..... Petitioner
Through: Mr.Amit Kaushik & Ms.Bhateri
Devi, Advs.
versus
CENTRAL RESERVE POLICE FORCE AND ORS
..... Respondents
Through: Mr.Ripudaman Bhardwaj,
CGSC with Mr.Anirudh
Shukla, GP 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 account of 'Chest
Deformity'.
Signature Not Verified
Digitally Signed
By:SHALOO BATRA
Signing Date:18.12.2021
14:35:34
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 in 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 unfit on the
same ground, that is, 'Chest Deformity' 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
Orthopaedic on 'Chest Deformity'. There is also a certificate
dated 23.10.2021 issued by the JLN Hospital opining the
petitioner to be fit orthopedically.
6. The doctors present in Court explain that the examination
conducted by the JLN Hospital cannot be accepted as they
seem to have examined the petitioner with respect to an injury
in the ribs and in any case, from a civilian angle.
7. Be that as it may, as we have an opinion from the JLN
Hospital which declares the petitioner to be orthopedically fit,
Signature Not Verified
Digitally Signed
By:SHALOO BATRA
Signing Date:18.12.2021
14:35:34
in the peculiar facts of the present case, we are of the opinion
that petitioner should be examined by the Army R&R Hospital,
New Delhi (hereinafter referred to as 'R&R Hospital') for his
alleged Chest Deformity. 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
By:SHALOO BATRA
Signing Date:18.12.2021
14:35:34
