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IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmohan, Navin Chawla, JJ.
Ajay Sharma - Appellant
Versus
Central Reserve Police Force & Ors. - Respondents
Civil Writ Petition No. 13133 of 2021, Civil Miscellaneous Application No. 41420 of 2021
Decided On : 17-12-2021
Medical Examination - Chest Deformity - The court directed the petitioner to be examined by a specialist Orthopaedic at the R&R Hospital for alleged Chest Deformity, with the report from the hospital being considered final and binding.
Fact of the Case:
The petitioner was declared unfit for appointment due to Chest Deformity during the Detailed Medical Examination. The petitioner was referred to JLN Hospital for further examination and was found to be medically fit, but was again declared unfit by the Review Medical Examination Board.
Finding of the Court:
The court directed the petitioner to be examined by the R&R Hospital for his alleged Chest Deformity, with the report from the hospital being considered final and binding.
Issues: Dispute over the petitioner's medical fitness for appointment due to Chest Deformity.
Ratio Decidendi: In the peculiar facts of the case, the court decided that the petitioner should be examined by a specialist Orthopaedic at the R&R Hospital, and the report from the hospital would be considered final, with no party allowed to challenge it.
Final Decision: The petition is disposed of with the direction for the petitioner to be examined by the R&R Hospital, and the report received from the hospital to be acted upon by the respondent within two weeks.
JUDGMENT
Navin Chawla, J. - The petitioner had applied for the Delhi Police, CAPFs and Assistant Sub-Inspector in CISF Examination, 2019.
2. The petitioner was declared unfit for appointment during the Detailed Medical Examination on account of Chest Deformity.
3. It is the case of the petitioner that the petitioner was thereafter referred to the Jawahar Lal Nehru Hospital, Ajmer (hereinafter referred to as JLN Hospital) for further examination. The petitioner contends that in such examination, the petitioner was found to be medically fit. The petitioner contends that inspite of the said report finding the petitioner to be medically fit, the petitioner was again declared unfit on the same ground, that is, Chest Deformity by the Review Medical Examination Board.
4. Pursuant to the order of this Court dated 03.12.2021, the respondents have produced before us the original medical record of the petitioner. The doctors who constituted the Review Medical Board are also present in the Court today.
5. Upon perusal of the medical record, we find that the petitioner was referred to JLN Hospital for an opinion from Orthopaedic on Chest Deformity. There is also a certificate dated 23.10.2021 issued by the JLN Hospital opining the petitioner to be fit orthopedically.
6. The doctors present in Court explain that the examination conducted by the JLN Hospital cannot be accepted as they seem to have examined the petitioner with respect to an injury in the ribs and in any case, from a civilian angle.
7. Be that as it may, as we have an opinion from the JLN Hospital which declares the petitioner to be orthopedically fit, in the peculiar facts of the present case, we are of the opinion that petitioner should be examined by the Army R&R Hospital, New Delhi (hereinafter referred to as R&R Hospital) for his alleged Chest Deformity. For this purpose, the respondent shall request the R&R Hospital to constitute a Board of doctors consisting of a specialist Orthopaedic and give an appointment to the petitioner for being examined within a period of ten days from today. The report of the R&R Hospital shall be considered as final, with no party being allowed to challenge the same. The respondent shall act upon the appointment application of the petitioner in accordance with the report that is received from the R&R Hospital within a period of two weeks from the receipt of the report. The report received from the R&R Hospital shall also be shared with the petitioner.
8. The petition is disposed of with the above directions.
9. The original medical record of the petitioner is returned back to the respondents.
The report from the R&R Hospital on the petitioner's medical condition is considered final and binding, with no party allowed to challenge it.
The necessity of independent medical assessment by competent authorities in adjudicating fitness for roles in law enforcement is paramount, ensuring procedural fairness.
The court has the authority to direct a specialized medical examination to resolve disputes over medical fitness for appointment, with the report from the specialized hospital being considered final ....
The need for a specialist examination to resolve disputes over medical fitness, with the resulting report being considered final and binding on both parties.
The court mandated further medical evaluation by a specialist to ensure compliance with established medical standards in recruitment procedures.
The court emphasized the necessity for military fitness assessments to adhere to military medical standards, deeming civilian medical evaluations insufficient for determining service eligibility.
The court ruled on the need for specialized medical examination when conflicting fitness reports exist, ensuring authoritative evaluation governs final decisions on medical fitness.
Conflicting medical reports and lack of conclusive evidence can lead to a court ordering re-examination to resolve discrepancies.
Re-examination is warranted when conflicting medical assessments arise, emphasizing the necessity of adhering to medical evaluation standards and proper certification.
The main legal point established in the judgment is that the petitioner's medical fitness should be determined in accordance with the Revised Uniform Guidelines, and any doubts regarding the medical ....
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