Delhi High Court
Prachi Kumari vs Itbp And Ors. on 26 May, 2022
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 26th May, 2022
+ W.P.(C) 8386/2022
PRACHI KUMARI ..... Petitioner
Through: Mr. Amit Kaushik, Advocate.
versus
ITBP AND ORS. ..... Respondents
Through: Ms. Ritu Reniwal, SPC with Ms.
Sonali Gambhir, Mr. Shiva Narang
and Mr. Devvrat Yadav, Advocate,
(GP) for R-1 &2.
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. 25242/2022 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(C) 8386/2022 & CM APPL. 25241/2022(stay)
3. By way of the present writ petition, petitioner seeks following reliefs:
a) to set-aside the decision dated 02.05.2022 of the
respondent No. 1 declaring the petitioner as Unfit:
b) to direct the respondents to allow the petitioner to
participate in the Documents Verification to be
conducted:
c) to direct the respondent No.1 to place on record the
medical record of the petitioner;
Digitally Signed
By:BABLOO SHAH
Signing Date:27.05.2022
19:07:05
d) to direct the respondents to medically re-examine the
petitioner within a time bound manner;
e) to direct the respondents to stay the process of
recruitment until the present petition is disposed;
f) to direct the respondents to reserve seats for the
petitioner in the merit list which may be prepared
during the pendency of the present Petition;
g) to direct the respondents to subject the final result
which may be declared to the outcome of the present
petition.
4. Notice issued.
5. Learned Senior Panel Counsel for respondents accepts notice.
6. Learned counsel for the petitioner submits that during the Detailed
Medical Examination, the petitioner was found as unfit due to Hazy B/L
lower lobe with Prominent Vascular marking (? Covid Infection).
Thereafter, the petitioner opted for Review of Medical Examination before
the Review Medical Board of the respondent no. 1, which referred her to a
laboratory named Focus Imaging and Research Centre Pvt. Ltd., Delhi.
After her examination at the Focus Imaging and Research Centre Pvt. Ltd.,
Delhi, the petitioner was declared Covid negative. However, in the Review
Medical Examination, based on a medical split opinion dated 01.05.2022,
the petitioner was finally declared as unfit on the ground of Early Small
airway obstruction.
7. Since, there are two different medical opinions and without going into
Digitally Signed
By:BABLOO SHAH
Signing Date:27.05.2022
19:07:05
the controversy, whether the petitioner is unfit or fit, we hereby direct the
Incharge, R.R. Hospital to constitute a Medical Board to re-conduct the
medical test of the petitioner within one week from today. The date of test
shall be conveyed to the petitioner in advance, who shall appear before the
said Medical Board on the date so fixed. It is made clear that if the petitioner
is found medically fit by the Medical Board so constituted, she shall be
allowed to join the selection process and in case, she is declared unfit, no
further opportunity shall be granted to her and report of said Medical Board
shall be considered final, since, the same have been admitted by the
petitioner.
8. With the aforesaid directions, the present petition stands disposed of.
9. Pending application also stands disposed of.
10. Copy of this order be given dasti under signature of Court Master.
(SURESH KUMAR KAIT)
JUDGE
(SAURABH BANERJEE)
JUDGE
MAY 26, 2022/So
Digitally Signed
By:BABLOO SHAH
Signing Date:27.05.2022
19:07:05
