Delhi High Court
Rahul Kumar vs Sashastra Seema Bal And Anr on 26 September, 2024
Author: Navin Chawla
Bench: Navin Chawla
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 26.09.2024
+ W.P.(C) 7871/2024 & CM APPL. 32590/2024- interim relief
RAHUL KUMAR .....Petitioner
Through: Mr. Ajay Garg, Ms. Tripti Gola, Mr.
Uday Garg, Mr. Ganesh Ojha & Ms.
Surbhi Soni, Advs.
versus
SASHASTRA SEEMA BAL AND ANR .....Respondents
Through: Mr. Manish Kumar, SPC with Mr.
Vinod Tiwari (GP) for UOI.
Insp./ED Janak Raj, SSB.
CORAM:
HON'BLE MS. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE SHALINDER KAUR
JUDGMENT
NAVIN CHAWLA, J (ORAL)
1. This petition has been filed under Article 226 of the Constitution of
India challenging the Detailed Medical Examination (DME) report dated
04.04.2024 and Review Medical Examination (RME) report dated
06.04.2024, whereby the petitioner has been declared medically unfit for
recruitment to the post of Head Constable (Mechanic) in Sashastra Seema
Bal (SSB).
2. In 2023, the petitioner had applied for the post of HC(Mechanic) in
SSB. As per the recruitment process, he had to undergo the following steps
for selection process:
i. Physical Efficiency Test (PET) &
Physical Standard Test (PST);
ii. Written Examination/Common Entrance
Test/Computer Based Test (CBT);
iii. Documentation, Detailed Medical
Examination (DME) and Review Medical
Examination (RME);
iv. Final Result on the basis of merit in the
written examination (Common Entrance Test).
3. After successful clearing of PET & PST as also the CBT, the
Documentation and DME of the petitioner was conducted. In the DME, he
was declared unfit due to the reason that "Tatoo on ventral aspect of Right
mid forearm." The petitioner applied for a Review Medical Examination,
which was conducted on 06.04.2024, and wherein he was again declared
medically unfit for appointment to the post of HC (Mechanic) with the
remarks as under:
"2) Brief of Review Medical Examination &
Finding thereof
C/B by board and the candidate was
examined and recently laser therapy done
only "1" day back for tattoo removal as per
his version. Wound is unhealed and margins
are ill-defined with signs of inflammation
present. Tattoo on ventral aspect of Rt. mid
forearm.
3) Final Opinion
a) FIT:-
b) UNFIT on account of:- So declared
unfit on account of unhealed wound post
laser tattoo removal with on Rt. mid-forearm
(ventral part) being saluting hand.
Unfit."
4. Learned counsel for the petitioner, by placing reliance on the
decisions of this Court in Davinder Kaur vs. Union of India & Others:
2023 SCC OnLine Del 2900; Shubham Sharma vs. Union of India &
Others: 2022 SCC OnLine Del 3726; Vineet Kumar Meena vs. Union of
India and Others: 2022 SCC OnLine Del 3939; Nihal Singh vs. Union of
India & Another: 2023 SCC OnLine Del 3264; and Sachin Kumar vs.
Union of India and Others: 2024 SCC OnLine Del 853, submits that when
the petitioner has been declared medically unfit due to unhealed wound
caused by the removal of a tattoo done a day prior to the convening of
Review Medical Board, liberty would be granted to the petitioner to appear
before a freshly constituted Medical Board.
5. Learned counsel for the respondents submits that in view of the
aforesaid Judgements referred by the learned counsel for the petitioner, the
petitioner can be examined by a freshly constituted Medical Board,
however, he submits that he will have to seek instructions on the status of
recruitment process with respect to batch of the petitioner.
6. We have considered the submissions of learned counsel for the
parties.
7. In view of the decisions of this Court referred hereinabove, we direct
the respondents to constitute a fresh Medical Board for re-examination of
the petitioner, and in case the petitioner is found eligible, then to proceed
with the recruitment process of the petitioner in accordance with law. The
Medical Board be constituted within a period of two weeks from today.
8. In view of above directions, the petition stands disposed of.
9. Order be given dasti.
(NAVIN CHAWLA)
JUDGE
(SHALINDER KAUR)
JUDGE
SEPTEMBER 26, 2024/ab
