Rajasthan High Court - Jodhpur
Jitendra Singh vs Union Of India on 24 February, 2021
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1757/2021
Jitendra Singh S/o Parwat Singh, Aged About 21 Years, Vpo
Gawalnada, Tehsil Pachpadra, District Barmer, Rajasthan.
----Petitioner
Versus
1. Union Of India, Through Secretary, Ministry Of Defense,
Government Of India, South Block, New Delhi.
2. The Chief Of Army Staff, Army Headquarter, New Delhi.
3. The Commanding Officer, Arty Center, Hyderabad, Pin
No.900398, C/o 56-Apo, Hyderabad.
4. The Commanding Officer/medical In-Charge, Military
Hospital, Secunderabad, Telangana.
----Respondents
For Petitioner(s) : Mr. Kailash Jangid
For Respondent(s) : Mr. Mukesh Rajpurohit assisted by
Mr. Navneet Singh Brikh
JUSTICE DINESH MEHTA
Judgment
24/02/2021
1. The petitioner has preferred the present writ petition inter
alia with an assertion that the concerned Medical Board and
Review Medical Board, while examining him, have committed an
error and found him to be unfit, whereas the petitioner was found
fit by the Medical Board at Lucknow, when the petitioner appeared
in the similar recruitment.
2. Based upon the aforesaid assertion and upon perusal of the
record, on 19.02.2021, this Court had passed the following order :
"1. Mr. Jangid, learned counsel for the petitioner
argues that the medical Board in its report has found
petitioner unfit for the following reasons :- (a)
(2 of 4) [CW-1757/2021]
Drooping RT Shoulder and (b) Chest Wall Def and
thereafter Review Medical Board has found him unfit
for 'Chest Wall Deformity', but he was declared fit
for the selection in his medical examination conducted
in the year 2019, in relation to similar recruitment
held by respondent-Union of India only at Lucknow.
2. In support of his contentions, the petitioner has
placed his admit card dated 26.10.2019 (Annex.7).
3. Having regard to facts and circumstances of the
case, particularly that the petitioner was found fit for
the similar recruitment by the Medical Board of
Lucknow, this Court deems it appropriate to order re-
examination of petitioner for the aforesaid purpose.
Medical Board shall examine the petitioner for both
alleged medical problems and furnish its report.
4. The petitioner shall hand over a demand draft of
Rs. 20,000/- drawn in the name of 'Army Central
Welfare Fund' payable at Delhi to Mr. Mukesh
Rajpurohit, ASG on or before 21.02.2021.
5. The Commandant of Military Hospital, Jodhpur
shall constitute a Medical Board consisting two Medical
Officers (out of which at least one must be an
Orthopedic Surgeon) for examining the petitioner's
fitness, qua the deficiency pointed out by the Medical
Board, as noticed in Para No.1 above.
6. The petitioner will produce a certified copy of the
order instant alongwith the proof of having tendered
the demand draft to Mr. Mukesh Rajpurohit before the
Commandant of Military Hospital, Jodhpur, who shall
then constitute a Medical Board before whom the
petitioner will appear at 11:00 a.m. on 23.02.2021.
7. In case, petitioner's assertion is found incorrect,
the demand draft aforesaid, shall be remitted to 'Army
Central Welfare Fund' payable at Delhi for
encashment, else, appropriate order will be passed by
this Court, while deciding the present writ petition.
8. List this case on 24.02.2021."
(3 of 4) [CW-1757/2021]
3. In compliance of the aforesaid interim order, the petitioner
had produced a demand draft as directed and he was examined by
the Review Medical Board.
4. The Review Medical Board vide its report dated 23.02.2021
has found the petitioner fit.
5. A copy of the report in original and aforesaid demand draft
has been placed for perusal of the Court.
6. The medical report is taken on record. Relevant extract of
the report reads thus :
"The individual's cobb's angle measures less than 10 degree
i.e. 09 degree on radiological examination, hence the
individual is to be considered (FIT) for recruitment
into Army Training Academies and Military School for
(i) Drooping Shoulder Right and (ii) Chest Wall
Deformity.
7. As the petitioner has been found fit, respondents are
directed to return the demand draft to the petitioner, as observed
in interim order dated 19.02.2021. The said demand draft has
been handed over to the petitioner's counsel Mr. Kailash Jangid
during the Court proceedings itself.
8. In view of the aforesaid and since the petitioner has been
found fit in the medical report dated 23.02.2021 given by the
Medical Board of Military Hospital, Jodhpur, the writ petition is
allowed.
9. The medical report of the petitioner prepared by Medical
Board so also the review medical report (Annexs.6 & 8) are
hereby quashed.
(4 of 4) [CW-1757/2021]
10. The respondents are directed to issue admit card to the
petitioner for appearing in the written examination and further
selection process forthwith.
11. Stay petition stands disposed of accordingly.
(DINESH MEHTA),J
40-A.Arora/-
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