Delhi High Court
Anuj Kumar vs Union Of India & Anr. on 24 October, 2024
Author: Navin Chawla
Bench: Navin Chawla
$~70
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 24.10.2024
+ W.P.(C) 15001/2024
ANUJ KUMAR .....Petitioner
Through: Mr.Kaushal Yadav, Mr.Nandlal
Mishra, Mr.Onkar Nath
Sharma, Advs.
versus
UNION OF INDIA & ANR. .....Respondents
Through: Mr.Arjun Mahajan, SPC,
Mr.Dushyant Pratap Singh, GP,
Ms.Priyanka Yadav,
Mr.Apoorv Upamyu, Advs.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE SHALINDER KAUR
NAVIN CHAWLA, J. (Oral)
CM APPL. 62862/2024 (Exemption)
1. Allowed, subject to all just exceptions.
W.P.(C) 15001/2024 & CM APPL. 62861/2024
2. This petition has been filed by the petitioner praying for a
direction to the respondents to consider the case of the petitioner for
recruitment to the post of CT(GD)/EXAM-2024 in CAPFs, on the
basis of his own merits in accordance with the procedure provided in
the notice dated 24.11.2023.
3. The petitioner also challenges the Medical Reports dated
27.09.2024 and 30.09.2024, wherein the petitioner has been declared
medically unfit for the recruitment to the above post on the ground of
his being suffering from hypertension.
4. It is the case of the petitioner that the petitioner is fully fit and
the same is also evident from the Medical Certificate dated
14.10.2024, issued by the Chief Medical Officer, Etah, UP.
5. The learned counsel for the petitioner has drawn our attention to
the Judgment dated 24.07.2024 passed by this Court in WP(C)
10108/2024, titled Ashish v. Union of India & Ors., in which,
considering similar facts, this Court has observed and directed as
under:
"7. Having considered the submissions of
learned counsel for the parties and perused
the record, we find that as per the medical
opinion given by the Javitri Hospital & Test
Tube Baby Centre, Raibareilly Road,
Telibagh, Lucknow, it has been specifically
reported that the petitioner was not suffering
from "Hypertension". In these circumstances,
even though the respondents are correct in
urging that the findings of a civil hospital
cannot be a ground to determine the medical
fitness of persons for joining the Armed
Forces, we are of the view that an error of
judgment on the part of the Medical Boards
conducted by the respondents cannot be ruled
out. It would, therefore, be in the interest of
justice to direct the medical examination of the
petitioner by an independent Medical Board at
Army Hospital (R&R), New Delhi.
8. We, therefore, allow the writ petition by
directing the respondents to get the petitioners
examined by a three member Medical Board at
the Army Hospital (R&R), New Delhi within
four weeks and accordingly, request the
Medical Superintendent, Army Hospital
(R&R), New Delhi to constitute a three
member Medical Board including a
cardiologist at the earliest to examine the
petitioner and give opinion regarding his
medical fitness.
9. The writ petition is, accordingly, allowed in
the aforesaid terms by making it clear that the
decision taken by the Medical Board at the
Army Hospital (R&R), New Delhi, will be
binding on both sides and in case, the
petitioner is declared medically fit to join the
SSB, he will be appointed as a Head Constable
(Communication) within six weeks from the
date he is declared fit with notional seniority
and pay fixation subject to his fulfilling all
other eligibility criteria."
6. In view of the above, the present petition is disposed of with
similar direction.
7. As the petitioner has contended that the respondents are on the
verge of finalizing the results, it is further directed that the Army
Hospital (R&R), New Delhi shall examine the petitioner within a
period of two weeks from today.
8. Copy of the order be given dasti under the signature of the
Court Master.
NAVIN CHAWLA, J
SHALINDER KAUR, J
OCTOBER 24, 2024/Arya/as
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