Delhi High Court
Jairaj Prajapat vs Union Of India & Ors. on 8 October, 2021
$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11555/2021 & C.M.Nos.35656-35657/2021
JAIRAJ PRAJAPAT ..... Petitioner
Through Mr.Siddharth Mittal with Mr.Prabhat
Kumar, Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents
Through Mr.Anurag Ahluwalia, CGSC for the
respondents.
% Date of Decision: 08th October, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
MANMOHAN, J. (Oral)
CM APPL. 35657/2021
Allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
WPC 11555/2021 & CM APPL. 35656/2021
1. Present writ petition has been filed seeking direction to the
Respondents to re-examine and re-conduct medical test of the Petitioner
under the supervision of an independent Medical Board having independent
doctor or re-examine the Petitioner at R & R Hospital, New Delhi or AIIMS,
New Delhi.
2. Learned counsel for the Petitioner states that the Petitioner had earlier
preferred a writ petition challenging the arbitrary act of the Respondents in
conducting the Appeal Medical Board and this Court vide order dated
W.P.(C) No.11555/2021
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:11.10.2021
22:47:31
1st September, 2021 had disposed of the petition with a direction to the
Respondents to conduct a fresh medical examination by the Review Medical
Board.
3. He states that the Petitioner duly appeared before Review Medical
Board on 17th September 2021 where the attitude of the Respondents was
hostile towards the Petitioner. He states that the Petitioner was then referred
to AFCME where he was made to sit in a chilled air conditioned room from
10.00 am to 12.30 pm and thereafter immediately his 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 Petitioner is unable to pass the medical examination. He
emphasises that in the earlier test, blood pressure of the petitioner 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 petitioner. 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 petitioner.
5. The allegation that the Petitioner was made to sit in a chilled air
conditioned room for two hours does not impress this Court because if the
Petitioner had been successful in his medical test, he 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.
W.P.(C) No.11555/2021
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:11.10.2021
22:47:31
6. Consequently, as in the present case, the Petitioner has 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 petition along with pending application is
dismissed.
MANMOHAN, J
NAVIN CHAWLA, J
OCTOBER 08, 2021
KA
W.P.(C) No.11555/2021
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:11.10.2021
22:47:31
