Delhi High Court
Sunkari Sagar vs Union Of India And Others on 31 July, 2023
$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 31.07.2023
+ W.P. (C) 10024/2023 & CM. APPL. 38642-44/2023
SUNKARI SAGAR ..... PETITIONER
versus
UNION OF INDIA AND OTHERS .... RESPONDENTS
Advocates who appeared in this case:
For the Petitioner: Mr. Umesh Singh and Mr. Vijay Pratap Singh,
Advocates.
For the Respondent: Mr. Nitinjya Chaudhary, Mr. Abhishek and Mr.
Rahul Maurya, Advocates for UOI.
Mr. Pradeep Kumar Jha, Ms. Prerna Dhall and Mr.
Karan Wadhwa, Advocates.
Mr. Hemendra Singh, DC, Law, BSF.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner impugns the result of the appeal medical examination
dated 14.06.2023, whereby petitioner was declared medically 'Unfit'.
2. Petitioner had applied pursuant to an advertisement issued by
Signature Not Verified
Digitally Signed
Signing Date:02.08.2023
13:37:04
the respondents for the post of Navik, GD in Indian Coast Guard. The
primary medical examination report states that the petitioner was unfit
on account of dental malalignment. Petitioner applied for a review.
The Review Medical Board declared petitioner fit on the ground that
he has sufficient dental points. Thereafter, petitioner was examined at
the Indian Naval Ship, Chilka as part of the stage-III of the
examination, wherein it was stated that petitioner is temporary unfit
for Hansen's disease (Leprosy).
3. Petitioner was thereafter examined at INHS Kalyani at
Vishakhapatnam, where the petitioner has been declared unfit for
Hansen's disease on noticing persistence of Hypopigmented erstwhile
patch on exterior aspect of right forearm.
4. Learned counsel for petitioner submits that the petitioner does
not suffer from the said ailment and the All India Institute of Medical
Sciences, Mangla Giri, Andhra Pradesh has certified that there is no
clinical evidence of Hansen's disease at present.
5. The medical documents filed by the petitioner, particularly, the
treatment slip of Shri Venkteshwara Skin and Cosmetology Clinic
dated 02.07.2022 as well the report of the King George Hospital,
Visakhapatnam dated 24.06.2023, show that petitioner was suffering
from Hansen's disease. In fact, the King George Hospital,
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Digitally Signed
Signing Date:02.08.2023
13:37:04
Visakhapatnam has certified that petitioner is a known case of
Hansen's 10 months back and completed multi drug therapy for six
months.
6. As per the Guidelines for Recruitment Medical Examination in
Central Armed Police Forces and Assam Rifles, Leprosy, which is
also known as Hansen's disease, is an outright disqualification for
enrolment.
7. Since petitioner is a known case of Hansen's disease (Leprosy),
we find no ground to interfere with the decision taken by the
respondents in declaring the petitioner unfit for the concerned service
based on his medical examination. We find no merit in the petition.
Petition is consequently dismissed.
SANJEEV SACHDEVA, J
JULY 31, 2023/NA MANOJ JAIN, J
Signature Not Verified
Digitally Signed
Signing Date:02.08.2023
13:37:04
