Aman Kumar Jha vs Union Of India And Ors
2023 Latest Caselaw 3585 Del

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                          *        IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                          Judgment delivered on: 22.08.2023
                          +        W.P.(C) 10995/2023 & CM APPL. 42619/2023

                          AMAN KUMAR JHA                                            ..... Petitioner
                                             versus
                          UNION OF INDIA & ORS.                                   ..... Respondents
                          Advocates who appeared in this case:

                          For the Appellant:         Mr. Raghunath Pathak, Mr. Kailash Kr. Jha, Mr.
                                                     Aditya, Mr. Akhil Rexwal, Mr. Anjani Mishra, Mr.
                                                     Deepak and Ms. Shweta Priya, Advocates

                          For the Respondents:       Ms. Ritu Reniwal, Senior Panel Counsel with Mr.
                                                     Kristen Sleeth, Advocate for UOI
                          CORAM:-
                          HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                          HON'BLE MR. JUSTICE MANOJ JAIN
                                                 JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner impugns the medical examination report dated 05.08.2023 whereby petitioner has been declared unfit on the ground of having Haemorrhoid, Grade-I.

2. Learned counsel for the petitioner refers to the Revised Uniform Guidelines for Review Medical Examination in Central Armed Police Force and Assam Rifles dated 31.05.2021 wherein it is

Signature Not Verified Digitally Signed

Signing Date:24.08.2023 12:58:56 stipulated in paragraph III, 3(f), (iii) (3) - Haemorrhoid (internal or external) with evidence of bleeding, is disqualifying.

3. We observe from the medical report that though the experts have opined that petitioner suffers from Haemorrhoid, Grade-I, there is no opinion as to whether there is any evidence of bleeding which has been stipulated as a disqualifying condition.

4. Accordingly, we deem it expedient to direct the respondent to conduct a fresh medical examination of the petitioner in accordance with the above referred guidelines.

5. It is agreed between the parties that the decision of the Review Medical Board directed by this order shall be final and both parties shall accept the same. In case the report is in favour of the petitioner, consequential further steps shall be taken by the respondent in accordance with law.

6. The petition is disposed of in the above terms.

7. Order dasti under signatures of the Court Master.

                                                                       SANJEEV SACHDEVA, J


                          AUGUST 22, 2023                                       MANOJ JAIN, J
                          'rs'


Signature Not Verified
Digitally Signed

Signing Date:24.08.2023
12:58:56