Delhi High Court
Billu Gurjar vs Union Of India & Anr on 1 April, 2025
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4015/2025 & CM APPL. 18627/2025
BILLU GURJAR .....Petitioner
Through: Mr. A.K. Trivedi, Adv.
versus
UNION OF INDIA & ANR .....Respondents
Through: Mr. Sandeep Tyagi, Sr. PC with
Mr. Anubhav Tyagi, GP and Mr. Sanskar
Pradhan, Adv. for UOI.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE AJAY DIGPAUL
JUDGMENT (ORAL)
% 01.04.2025
C. HARI SHANKAR, J.
1. The petitioner applied for the post of Constable-Bugler in the
CRPF1. Despite having cleared all other steps, he was declared unfit
for appointment by the Review Medical Board2.
2. Challenging the said decision, the petitioner has approached this
Court by means of the present writ petition, seeking that his case may
be referred to a fresh Medical Board.
Central Reserve Police Force
"RMB" hereinafter
W.P.(C) 4015/2025
3. The case set up by the petitioner in his writ petition is that the
petitioner has been disqualified only on the ground the he suffers from
jaundice, which is a curable ailment.
4. As against this, Mr. Sandeep Tyagi, learned Senior Panel
Counsel for the respondents, submits that the petitioner has been
disqualified on several grounds, mentioned in the RMB Report.
5. We are constrained to observe that the RMB Report has been
written in a manner in which it is impossible to understand the exact
ground for treating the petitioner as medically unfit. There are
scribbled works across the page, with no specific identification of the
actual cause for holding the petitioner to be unfit.
6. Be that as it may, at the foot of the Review Medical Board
Report, it has been noted "unfit d/t3 Jaundice" with the word "UNFIT"
written in bold, capitals and in a square.
7. It is possible, therefore, to interpret this report as having
declared the petitioner as unfit only due to jaundice.
8. Jaundice is classically curable, and the respondent may have to
examine whether it would be appropriate to reject the petitioner on the
ground that he suffers from jaundice alone.
9. Nonetheless, in order to avoid any misgivings on that score, we
Due to
W.P.(C) 4015/2025
deem it appropriate to direct that the petitioner be subjected to one
more medical examination to be conducted by the respondents within
a period of one week from today.
10. The petitioner would be bound by the report of the said medical
examination. The examination would restrict itself to the
disabilities/ailments from which the petitioner had earlier been found
to be suffering.
11. Needless to say, if the petitioner is found to be medically fit, he
would be considered for appointment as Constable-Bugler, in
accordance with his merit.
12. The writ petition is, accordingly, disposed of.
C. HARI SHANKAR, J.
AJAY DIGPAUL, J.
APRIL 1, 2025/AS
Click here to check corrigendum, if any
W.P.(C) 4015/2025
