Delhi High Court
Manoj Kumar Singh vs Border Security Force And Ors. on 20 May, 2022
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 20.05.2022
+ W.P.(C) 7803/2022
MANOJ KUMAR SINGH ..... Petitioner
Through: Mr. Amit Kaushik, Advocate
versus
BORDER SECURITY FORCE AND ORS. ..... Respondents
Through: Mr. Vijay Joshi and Mr. Anirudh
Shukla, Advocates alongwith Ms.
Dimple Kumar, ASI
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE SAURABH BANERJEE
J U D G M E N T (oral)
CM APPL. 23876/2022 (exemption)
1. Allowed subject to all just exceptions.
2. The application is accordingly disposed of.
W.P.(C) 7803/2022 & CM APPL.23875/2022 (stay)
3. By way of present writ petition, the petitioner seeks following reliefs:
"a. Set-aside the decision dated 30.04.2022 of the
Respondent No. 1 declaring the Petitioner as Unfit; and/or
b. Direct the Respondents to allow the Petitioner to
participate in the Documents Verification to be conducted;
and/or
c. Direct the Respondent No.1 to place on record the
reference paper made by the Respondent No.1 and the
medical test and medical reports of the Petitioner as
conducted by the Sacred Heart Hospital under the
supervision of the Respondent No. 1; and/or
d. Direct the Respondents to medically re-examine the
Petitioner within a time bound manner; and/or
e. Direct the Respondents to stay the process of recruitment
until the present petition is disposed; and/or
f. Direct the Respondents to reserve seats for the Petitioner
in the merit list which may be prepared during the pendency
of the present Petition; and/or
g. Direct the Respondents to subject the final result which
may be declared to the outcome of the present petition;
and/or."
4. Learned counsel for petitioner submits that the respondent No.1
initially conducted detailed Medical Examination of the petitioner and
declared him unfit on the ground of Scar Mark (about 9.5 x 1.5 cm) present
over Right Upper Chest; Supplementary nipple over (B/L) Chest and a Scar
Mark (about 10 x 7 cm) present over light thigh (medical aspect) and
leucodema of glans penis. Thereafter, the Review Medical Board declared
the petitioner as unfit on two out of four grounds (Supernumerary nipple
present; Vetilago of glans penis) without considering the report of Sacred
Heart Hospital and without taking into consideration any report from any
other hospital. Hence, the present petition has been filed.
5. Notice issued.
6. Learned counsel for respondents accepts notice and on instructions
submits that there is no merit in the contention of the petitioner because after
considering the report from Sacred Heart Hospital, the petitioner was
declared unfit for the selection process by the Review Medical Board.
7. However, without going into the controversy, we hereby direct the
Incharge, RR Hospital, New Delhi to constitute a fresh Medical Board to re-
conduct the medical test of petitioner within one week from today. The date
of test shall be conveyed to petitioner in advance and the petitioner is
directed to appear before the said Medical Board.
8. It is made clear that if the petitioner is declared medically fit by the
aforesaid medical board, he shall be allowed to join the further selection
process for the post in question and in case he is declared unfit, no further
opportunity shall be granted to him and the report of the aforesaid Medical
Board shall be considered as final, since the same has been admitted by the
petitioner.
9. With the aforesaid directions, the present petition stands disposed of.
10. Pending application also stands disposed of.
Copy of this order be given dasti under signatures of Court Master.
(SURESH KUMAR KAIT)
JUDGE
(SAURABH BANERJEE)
JUDGE
MAY 20, 2022/rk
