Delhi High Court
Mohit vs Union Of India & Ors. on 30 November, 2021
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 30th November, 2021
+ W.P.(C) 10422/2021
MOHIT ..... Petitioner
Through Mr.Abhishek Kr Choudhary,
Adv.
versus
UNION OF INDIA & ORS. ..... Respondents
Through Mr.Rajan Sabharwal, Adv. for
UOI.
Mr.Jagjit Singh, Sr. Standing
Counsel for the Railways with
Mr.Preet Singh and Mr.Vipin
Chaudhary, Advs.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
NAVIN CHAWLA, J. (Oral)
CM 32053/2021(exemption)
Allowed, subject to all just exceptions.
W.P.(C) 10422/2021
1. The present petition has been filed by the petitioner praying for
a direction to the respondents to facilitate a fresh Medical Examination
with any independent hospital and to appoint the petitioner to the post
of Constable in Railway Protection Force (hereinafter referred to as
'RPF').
2. It is the case of the petitioner that pursuant to the Employment
Notice No./Constable/RPF-01/2018, the petitioner applied for
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Location:
Signing Date:07.12.2021
appointment to the post of Constable/RPF. The petitioner cleared the
written examination and qualified the test on merit and was thereafter
called upon to report in the office of Senior Divisional Security
Commissioner/RPF/NR at DRM/NR Office, Hazarat Ganj, Lucknow
on 27.08.2019 for a Medical Examination. In such Medical
Examination the petitioner, however, was declared unfit in 'BEE-One'
category. The petitioner appealed against the said finding.
3. The petitioner was thereafter called for a Re-Medical
Examination to be conducted at Northern Railway Central Hospital,
New Delhi wherein the petitioner was verbally informed that he had
been found fit for appointment. The petitioner asserts that the report
of Re-Medical Examination was, however, not given to the petitioner.
4. The petitioner was then called for a third Re-Medical
Examination vide letter dated 16.12.2019 to be conducted by Northern
Railway Divisional Hospital, Delhi on 08.01.2020. The third Re-
Medical Examination was conducted on the petitioner on 09.01.2020.
The petitioner was again declared unfit in 'BEE-One' category due to
sub-standard vision. In yet another Medical Examination conducted
on 26.02.2020, the petitioner was again declared unfit in the medical
category of 'BEE-One'. The petitioner asserts that the petitioner
thereafter got himself examined by an Eye Specialist Doctor at District
Civil Hospital, Sonepat who declared him to be medically fit. The
petitioner thereafter represented against the medical finding of the
respondents, however, having failed to receive a response, filed the
present petition.
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Location:
Signing Date:07.12.2021
5. By an order dated 17.09.2021, the respondents were directed to
produce the original medical file of the petitioner before the Court. In
compliance with the said order the file has been produced by the
respondents and perused by the Court.
6. A perusal of the file shows that the petitioner was medically
examined at the Divisional Hospital, Lucknow and found unfit with an
uncorrected vision of 6/24 (right eye) and 6/9 (left eye). The
petitioner appealed against the same. The petitioner was thereafter
examined at the Northern Railway Central Hospital on 18.11.2019 and
declared fit for the post of Constable/RPF in 'BEE-One' medical
category. The petitioner was thereafter subjected to yet another
medical examination at Northern Railway Divisional Hospital on
09.01.2020 and again declared unfit for medical category 'BEE-One'
as per Para 512(1) A note(a) of IRMM 2000. By an order dated
31.01.2020 passed by the Principal Chief Medical Director, Northern
Railway, in view of the divergent findings of the Medical Board(s)
and the discrepancies therein, a Medical Board of twelve members
who were earlier part of three Medical Boards was directed to review
the case and provide a final recommendation with speaking order. The
petitioner was thereafter subjected to a medical examination by the
Board of twelve members on 26.02.2020. In their final report dated
26.02.2020 while nine members of the Board reiterated the declaration
of the petitioner as 'unfit' for the post of Constable/RPF for medical
category 'BEE-One', three doctors reiterated their opinion that the
petitioner was fit for appointment as his vision was found to be 6/12
(right eye) and 6/9 (left eye). The Chief Health Director, vide his
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order dated 04.09.2020, accepted the recommendation of the majority
of Members of the Board.
7. It is noted that three members of the Final Board, on a re-
examination have reiterated their opinion of the petitioner being fit for
appointment as Constable/RPF in medical 'BEE-One' category with a
vision as 6/12 (right eye) and 6/9 (left eye). We also note that the
Board of Doctors, who have finally examined the petitioner on
26.02.2020, were part of the earlier Board(s) and have basically
reiterated their stand.
8. In view of the diversion in opinion of the Medical Board and in
order to accord a fair opportunity to the petitioner to seek appointment
as Constable/RPF, we deem it appropriate to direct the respondents to
approach the R & R Hospital, Delhi with a request to constitute a
Review Medical Board in respect of the petitioner to test his
uncorrected eye vision. An Eye Specialist shall be made a part of the
Review Medical Board. Such Board should be constituted within a
period of two weeks from today. The respondents shall inform the
petitioner and his counsel within a week from today of the constitution
of the Review Medical Board and the date and time of the same. The
petitioner shall appear before the Review Medical Board on the fixed
date and time alongwith the relevant report(s). The respondents shall
also forward the Medical record of the petitioner to the Review
Medical Board to be constituted by R & R Hospital.
9. The Review Medical Board so constituted by the R & R
Hospital shall submit its report directly to the respondents with a copy
thereof to the petitioner through his counsel. It is made clear that both
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the parties shall be bound by the report of the Review Medical Board
of R & R Hospital, Delhi and it shall be treated as final. In case the
petitioner is declared fit by the Review Medical Board in 'BEE-One'
category, the respondents shall, subject to fulfilment of other
eligibility/appointment conditions by the petitioner, appoint the
petitioner as Constable RPF within four weeks of receipt of such
report.
10. As the above direction is being passed in the peculiar facts of
the present case, it shall not be treated as a precedent.
11. The petition is disposed of with the above directions. There
shall be no order as to cost.
NAVIN CHAWLA, J
MANMOHAN, J
NOVEMBER 30, 2021/Arya/AB
Signature Not Verified
Signed By:SHALOO BATRA
Location:
Signing Date:07.12.2021
