Delhi High Court
Lokesh vs Union Of India & Anr. on 25 October, 2021
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 25.10.2021
+ W.P.(C) 11937/2021
LOKESH ..... Petitioner
Through Mr.Prashant Parihar, Adv.
versus
UNION OF INDIA & ANR. ..... Respondents
Through Mr.Naginder Benipal, Sr. Panel
Counsel with Ms.Harithi
Kambiri, Adv.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
NAVIN CHAWLA, J. (Oral)
1. The Petitioner has filed the present petition seeking direction to
the Respondent to take the medical report of the Sawai Mansingh
Hospital, Jaipur as the final medical report or in the alternative to
consider the Petitioner for detailed medical examination from a neutral
party.
2. Learned Counsel for the Petitioner submits that the Petitioner
had applied for the post of Constable (Driver) with the Indo-Tibetan
Border Police (hereinafter referred to as „ITBP‟). He states that the
petitioner qualified the PET/PST test but was declared unfit during the
review medical examination conducted at Referral Hospital, Greater
Signature Not Verified
Signed By:SHALOO BATRA
Location:
Signing Date:27.10.2021
Noida, on ground of "small atrophic left testes". He states that the
Petitioner later had a medical examination at the reputed Sawai
Mansingh Hospital, where the petitioner was declared fit.
3. Learned Counsel for the Petitioner submits that the medical
examinations conducted by the Respondent No. 2 is not up to the mark
and that there are discrepancies in the process. He states that they have
not been conducted with due care and diligence.
4. We have considered the submissions made by the learned
counsel for the parties. As is evident, the petitioner has been duly
examined by the Medical Board as also by the Review Medical Board
and was found unfit for appointment.
5. This Court in its judgment dated 21st December, 2020 in K.M.
Priyanka v. Union of India & Ors., W.P.(C) 10783/2020, has held
that once no mala fide is attributed to one particular individual and the
doctors of the Forces, who are well aware of the demands of duties of
the Forces in the terrains in which the recruited personnel are required
to work, have formed on opinion that a candidate is not medically fit
for recruitment, the opinion of private or other government doctors to
the contrary cannot be accepted.
6. In Joginder v. Union of India & Ors., W.P.(C) 522/2021, this
Court has held that training and military operations are extremely
demanding in terms of the medical fitness of a candidate and a private
doctor or a doctor working in a Government hospital may not be in a
position to comment on the required medical standards for the Force.
7. In the present case, the medical report from Savai Mansingh
Hospital also records that petitioner‟s testes is small, however, still
Signature Not Verified
Signed By:SHALOO BATRA
Location:
Signing Date:27.10.2021
holds him to be fit for service. As held in the judgments referred
above, it is for the doctors of the Forces to decide whether a candidate,
with given disease/disability, is medically fit for being recruited in the
Forces keeping in view the special demand of the Forces. A doctor
working in a Government hospital may not be in a position to
comment on the required medical standards for the Force. Therefore,
the report from Sawai Mansingh Hospital cannot prevail over the
report of the Referral Hospital.
8. In view of the above, we find no merit in the present petition.
The same is dismissed. There shall be no order as to costs.
NAVIN CHAWLA, J
MANMOHAN, J
OCTOBER 25, 2021
RN
Signature Not Verified
Signed By:SHALOO BATRA
Location:
Signing Date:27.10.2021
