Delhi High Court
Rahul Kumawat vs Union Of India & Anr. on 3 June, 2022
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: June 03, 2022
+ W.P.(C) 7951/2022 & CM APPL. 24211-12/2022
RAHUL KUMAWAT ..... Petitioner
Through: Mr. Avadh Kaushik, Advocate
Versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. Santosh Kumar Pandey, Senior
Panel Counsel, with Mr. R.Mani
Tripathi, Advocate
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE SAURABH BANERJEE
J U D G M E N T (oral)
1. The present petition has been preferred by the petitioner seeking
quashing of Review Medical Report dated 08.03.2022, whereby he has been
declared medically unfit for the post of Assistant Aircraft Mechanic in BSF.
Further, quashing of letter/communication dated 10.05.2022 issued by the
respondent No.2 is also sought, vide which petitioner's request for re-
examination of his medical reports, has been rejected.
2. Notice issued.
3. Mr. Santosh Kumar Pandey, learned Senior Panel Counsel, accepts
notice on behalf of the respondents.
4. Learned counsel for petitioner submits that petitioner had applied for
the post of Assistant Aircraft Mechanic in the year 2014-15 and had cleared
all examinations i.e. written, physical and documentation, however, in the
medical examination, petitioner has been declared unfit on account of
underweight by 7.5 kg, funnel chest and big operation wound on the left side
of the abdomen. Petitioner had applied for review medical examination,
which was allowed by the respondent vide its letter dated 06.08.2015.
Accordingly, petitioner was medically re-examined on 03.09.2015 at
Composite Hospital, BSF, Jodhpur and vide report dated 04.09.2015, he was
declared 'Fit' for the said post. Though, for not securing high position in the
final merit list, petitioner could not make his place in the select list declared
in the year 2014-15.
5. Learned counsel for petitioner points out that vide Office
Memorandum dated 31.05.2021, respondent No.1 has issued revised
uniform guidelines for review medical examination in the Central Armed
Forces, Assam Rifles for GOs and NGOs for recruitment in various armed
police forces. Thereafter, in the year 2021, BSF invited application for
various posts, including Assistant Aircraft Mechanic and petitioner applied
for the said post and was declared successful by respondent in written
examination vide result notice dated 18.01.2022. Thereafter, petitioner
appeared for second phase of examination i.e. documentation, PST, PET,
medical examination and review medical examination before the concerned
authorities on 23.02.2022. Petitioner's medical examination was conducted
on 25.02.2022, wherein he was declared 'Unfit' on the ground of having a
big operation scar over left lateral middle lower abdomen and being
underweight more than 10% of acceptable weight.
6. Petitioner availed the review medical facility and was referred to
Chief Medical Officer of BSF Hospital at R.K. Puram, New Delhi on the
same day, from where he was further referred to Safdarjung Hospital, New
Delhi for further opinion on his medical condition. Petitioner claims that
after various pathological and clinical examinations, he was declared 'Fit'
for the subject post and the said report was submitted to the BSF Hospital,
R.K. Puram, New Delhi. However, the BSF hospital conducted yet another
test, namely, Intravenous Pyelogram and vide final review Medical
Examination Report dated 08.03.2022, the petitioner was declared 'Unfit'
for the subject post. Thereafter, petitioner claims to have consulted a private
doctor, who after necessary tests has opined that there are no medical
complications for petitioner in the future.
7. Being aggrieved with the final review Medical Examination Report
dated 08.03.2022 of respondent-BSF and in view of opinion of private
doctor, petitioner filed a representation dated 12.04.2022 before the
concerned authorities for re-examination of his medical reports. The final
result of the examination was declared on 05.05.2022, wherein name of
petitioner was not mentioned. Thereafter, vide reply dated 10.05.2022,
respondent informed the petitioner that his representation has been
considered and since he has been declared unfit, he cannot be given a
chance. Hence, the present petition is filed.
8. We have heard learned counsel for the petitioner and perused the
material placed on record. The petitioner claims that respondent-BSF had
referred him to Safdarjung Hospital, New Delhi on 26.02.2022, where he
was declared medically "Fit" and the said report was submitted to the BSF
hospital, based on which respondent-BSF had directed conducting of further
test of petitioner and thereafter, declared him "Unfit" for the subject post,
but the said report of Safdarjung Hospital has not been placed before this
Court, because it was not readily available, as pleaded. Further, the Review
Medical Examination Report dated 08.03.2022 holds "Unfit due to Sided
Hydronephrosis and Focal dilation of the left mid and lower pole calyces
and delayed functioning Left kidney with non-opacified Left Ureter", which
according to petitioner has been opined by the private doctor to be as
swelling in natural, which would create no medical complications in future.
9. 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.
10. It is made clear that the decision of the aforesaid Medical Board shall
be final and binding.
11. Pending applications are disposed of as infructuous.
12. A 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 03, 2022
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