Delhi High Court
Vishant Shishodia vs Union Of India & Ors. on 7 October, 2021
$~32, 36 & 43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11486/2021 & C.M.Nos.35423-35424/2021
KHUSHWANT JANGRA ..... Petitioner
Through Mr.Siddharth Mittal with Mr.Prabhat
Kumar and Ms.Shilpa G.Mittal,
Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents
Through None
+ W.P.(C) 11499/2021 & C.M.Nos.35443-35444/2021
VIPIN YADAV ..... Petitioner
Through Mr.Siddharth Mittal with Mr.Prabhat
Kumar and Ms.Shilpa G.Mittal,
Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents
Through Mr.Vikrant N.Goyal, Advocate.
+ W.P.(C) 11515/2021 & C.M.Nos.35499-35500/2021
VISHANT SHISHODIA ..... Petitioner
Through Mr.Siddharth Mittal with Mr.Prabhat
Kumar and Ms.Shilpa G.Mittal,
Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents
Through Mr.Vikrant N.Goyal, Advocate.
W.P.(C) Nos.11486/2021 & connected matters
Signature Not Verified Page 1 of 3
Digitally Signed
By:KRISHNA BHOJ
Signing Date:09.10.2021
20:22:30
% Date of Decision: 07th October, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
MANMOHAN, J. (Oral)
1. Present writ petitions have been filed seeking directions to the
Respondents to re-examine and re-conduct medical test of the Petitioners
under supervision of an independent Medical Board having independent
doctor or re-examine the Petitioners at R & R Hospital, New Delhi or
AIIMS, New Delhi.
2. Learned counsel for the Petitioners states that the Petitioners had earlier
preferred writ petitions challenging the arbitrary act of Respondents in
conducting the Appeal Medical Board and this Court vide order dated
1st September, 2021 had disposed of the petitions with a direction to the
Respondents to conduct a fresh medical examination by the Review Medical
Board.
3. He states that the Petitioners duly appeared before Review Medical
Board on 17th September 2021 where the attitude of the Respondents was
hostile towards the Petitioners. He states that the Petitioners were then
referred to AFCME where they were made to sit in a chilled air conditioned
room from 10.00 am to 12.30 pm and thereafter immediately their BP and
ECG were recorded. He states that low temperature results in increase of
blood pressure and the Respondents knowingly adopted the said procedure
to ensure that the Petitioners are unable to pass the medical examination. He
W.P.(C) Nos.11486/2021 & connected matters
Digitally Signed
By:KRISHNA BHOJ
Signing Date:09.10.2021
20:22:30
emphasises that in the earlier tests, blood pressure of the petitioners had been
found within the normal range.
4. It is settled law that this Court examines the decision making process
and not the decision itself. In the present case, the matter had been
remanded to the Review Medical Board so that the Respondents could
conduct another ECG of the petitioners. In the opinion of this Court, the
direction to conduct a fresh ECG would encompass the direction to re-
examine the blood pressure of the petitioners.
5. The allegation that the Petitioners were made to sit in a chilled air
conditioned room for two hours does not impress this Court because if the
Petitioners had been successful in their medical tests, they could have been
posted anywhere in India including Ladakh, where the temperature in
winters goes below minus 20 degree. It is also pertinent to mention that no
allegation of malafide has been made against any particular officer of the
Respondents.
6. Consequently, as in the present case, the Petitioners have been re-
examined by the Appeal/Review Medical Board, this Court is of the view
that no further interference is called for in writ jurisdiction.
7. Accordingly, the present writ petitions along with pending applications
are dismissed.
MANMOHAN, J
NAVIN CHAWLA, J
OCTOBER 07, 2021
KA
W.P.(C) Nos.11486/2021 & connected matters
Digitally Signed
By:KRISHNA BHOJ
Signing Date:09.10.2021
20:22:30
