Deewan Singh vs Union Of India & Ors.
2022 Latest Caselaw 1836 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                             Date of decision: 02.06.2022

+     W.P.(C) 8063/2022
      DEEWAN SINGH                                          ..... Petitioner
                          Through:      Mr. H.S. Dahiya, Mr. Yuv Dahiya
                                        and Mr. Amit Kumar, Advocates
                          Versus

      UNION OF INDIA & ORS.                                 .... Respondents
                          Through:      Mr. Ajay Jain, Sr. Panel Counsel

      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, petitioner seeks setting aside of the Medical

Examination dated 05.08.2021 and the Review Medical Examination dated

11.08.2021; directions to respondents to get the medical examination of his

eyes done in the All India Institute of Medical Sciences or Safdarjang

Hospital or any other government hospital or special medical board, to

recruit the petitioner for the post of Constable in I.T.B.P, in case he is found

fit in the medical examination; directions to respondents to reinstate the

petitioner in service from the date when the Constables of the batch of the

petitioner in which he had applied with all consequential service and

monetary benefits.

2. Learned counsel for the petitioner submits that the petitioner had

participated in recruitment process for the post of Constable/ Tradesman

2017 in ITBP and had qualified in written examination held at New Delhi. It

is further submitted that physical examination of the petitioner was held at

Jabalpur and tradesman test at Jodhpur. Thereafter, the petitioner was called

for medical examination at Composite Hospital ITBP, Chandigarh on

04.08.2021 and on 05.08.2021, he was declared unfit for Defective Distance

Vision with observation Rt 6/36, Lt 6/12. The medical review board in the

medical examination report dated 11.08.2021 also declared the petitioner

unfit for the reason "Defective Distant Vision with observation of R 6/36,

L6/24".

3. Case of the petitioner is that the petitioner made representation dated

13.09.2021 to DIG, ITBP submitting that in view of the opinion of the

specialist Dr. Vishwas Gupta, Chief Specialist Eyes of Govt., Satelite

Hospital, Banipark, Jaipur, the opinion of the Medical Board dated

05.08.2021 and Review Medical Board dated 11.08.2021 be set aside. The

representation of the petitioner was rejected vide Letter dated 29.09.2021 by

DIG, Personnel & Administrative, Northern Frontier Headquarter, ITBP on

the ground that as per directions of the Ministry of Home Affairs, there was

no provision of medical examination after Review Medical Examination.

Thereafter, the petitioner visited New Delhi and got himself examined in

Rajendra Prasad Eye Centre, AIIMS, New Delhi on 11.11.2021 where the

vision of the petitioner was opined as VA 6/6, 6/6. Thus, the present

petition.

4. Learned counsel for the petitioner submits that the petitioner may be

referred to some independent hospital and his eye be tested again and in

case, the petitioner is found fit, he be directed to join further selection

process for the post of Constable/ Tradesman 2017 in ITBP.

5. Notice issued.

6. Learned Senior Panel Counsel for respondents accepts notice and

submits that there is no provision of medical examination after Review

Medical Examination.

7. In view of aforesaid facts as well as in the interest of justice, we

hereby dispose of the present writ petition by directing the respondents to

facilitate the constitution of a fresh Medical Board at the Army Hospital

(R&R), New Delhi for conducting fresh examination of the petitioner within

two weeks from today. If the petitioner is found fit by the aforesaid Medical

Board, he may be permitted to join in the further selection process.

However, if the petitioner is found unfit by the aforesaid Medical Board, he

will not be granted any further opportunity to get examined again.

8. As admitted by learned counsel for the petitioner, it is made clear that

the decision of the aforesaid Medical Board shall be final and binding.

9. Copy of this order be transmitted to Incharge, R&R Hospital, New

Delhi for information and necessary compliance.

(SURESH KUMAR KAIT) JUDGE

(SAURABH BANERJEE) JUDGE JUNE 2, 2022/rk