Ankit Akhileshwar Mishra vs Union Of India & Ors.
2022 Latest Caselaw 2572 Del

$~13
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                          Date of decision: 22.08.2022

+      W.P.(C) 6305/2021
       ANKIT AKHILESHWAR MISHRA                         ..... Petitioner
                          Through:   Ms. Tanya, Advocate for Mr. Ajit
                                     Kakkar, Advocate
                          versus

       UNION OF INDIA & ORS.                            .... Respondents
                          Through:   Mr. Avnish Singh, Sr. CGSC with
                                     Ms. Pushplata Singh, Advocate 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 present petition, the petitioner seeks directions to the respondents to bring on record the Impugned Medical Unfitness Certificates dated 04.02.2021 & 12.02.2021 issued by the respondents; setting aside of the Impugned Medical Unfitness Certificates dated 04.02.2021 & 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 Private &Govt. Hospital as mentioned in the present petition.

2. Vide order dated 09.07.2021 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 09.07.2021, the aforesaid records of the Medical Board and the Appeal Medical Board have been produced.

4. We have perused the medical report dated 04.02.2021 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', 'Scar mark behind right ear' and 'Deviated nasal septum'. Thereafter, the petitioner preferred an appeal and was directed to appear before the Appeal Medical Board. According to report dated 12.02.2021 of 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'.

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