Mayank vs Union Of India & Ors.
2022 Latest Caselaw 2569 Del

$~12
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                            Date of decision: 22.08.2022

+      W.P.(C) 6246/2021
       MAYANK                                            ..... Petitioner
                         Through:     Ms. Tanya, Advocate for Mr. Ajit
                                      Kakkar, Advocate

                         versus

       UNION OF INDIA & ORS.                             .... Respondents
                         Through:     Ms. Manisha Agrawal Narain, CGSC
                                      with Ms. Rakshita Goyal and Mr.
                                      Sandeep Singh Somaria, Advocates
                                      with Surg. CDV Kaushik Roy and Lt.
                                      CDV Akarshan Agarwal in person
       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT
       HON'BLE MR. JUSTICE SAURABH BANERJEE

                         J U D G M E N T (oral)

1. Vide the present petition, the petitioner seeks directions to the respondents for bring on record the Impugned Medical Unfitness Certificates dated 26.01.2021 & 12.02.2021 issued by the respondents; setting aside of the Impugned Medical Unfitness Certificate dated 26.01.2021 & 12.02.2021 issued by the respondents; directions to the respondents to conduct re-medical exam at any place of choice of the respondents; and in alternative, directions to the respondents to appoint the petitioner on the basis of the medical certificates issued by the Govt.

Hospital as mentioned in the present petition.

2. Vide order dated 08.07.2021 passed by a Co-ordinate Bench of this Court, the records of the Medical Board and the Appeal Medical Board including of the tests, if any, conducted on the petitioner were directed to be produced.

3. Pursuant to order dated 08.07.2021, the aforesaid records of the Medical Board and the Appeal Medical Board have been produced.

4. We have perused the medical report dated 26.01.2021 wherein the petitioner was examined from head to toe as well as his pulse and blood pressure, however, he was declared 'Unfit' on account of 'Tachycardia' & 'Hypertension'. Thereafter, the petitioner preferred an appeal and was directed to appear before the Appeal Medical Board. According to report dated 13.02.2021 of the Appeal Medical Board, petitioner's pulse, blood pressure and E.C.G. were examined and even by the Appeal Medical Board, the petitioner was again declared 'Unfit' on account of 'Tachycardia' & 'Hypertension'.

5. We have perused the reports filed by the respondents and are satisfied by the same.

6. In view of above, we find no merit in the present petition and the same is dismissed accordingly.

(SURESH KUMAR KAIT) JUDGE

(SAURABH BANERJEE) JUDGE AUGUST 22, 2022/rk