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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Gopesh Kumar Yadav – Appellant
Versus
Union of India & Anr. – Respondents
W.P.(C) 3247 of 2023 & CM APPL.12632 of 2023
Decided On : 16-03-2023
Medical Examination - Recruitment - The court directed the RR Hospital to constitute a Medical Board to assess the petitioner's eyesight and declared that if the petitioner is found medically fit, they shall be allowed to join further selection process.
Fact of the Case:
The petitioner was declared unfit during the Detailed Medical Examination for the post of Head Constable (Radio Operator) and Head Constable (Radio Mechanic) due to abnormal distant and near vision and anal fissure. After the Review Medical Examination, the petitioner was found medically unfit only on the ground of defective distant vision.
Finding of the Court:
The court disposed of the petition by directing the RR Hospital to constitute a Medical Board to assess the petitioner's eyesight and declared that if the petitioner is found medically fit, they shall be allowed to join further selection process.
Issues: Dispute over the petitioner's medical fitness for the recruitment process.
Ratio Decidendi: The court emphasized the need for a conclusive medical assessment and directed the RR Hospital to conduct a final assessment of the petitioner's eyesight, with the understanding that if found fit, the petitioner would be allowed to proceed with the selection process.
Final Decision: The petition and any pending application were disposed of, with the direction for the RR Hospital to conduct a final assessment of the petitioner's eyesight, and if found fit, the petitioner would be allowed to join further selection process.
JUDGMENT (oral)
1. Vide the present petition, petitioner prays as under:
a. To quash the findings of the Detailed Medical Examination and the Review Medical Examination in respect of the Petitioner for Direct Recruitment for the Post of Head Constable (Radio Operator) and Head Constable (Radio Mechanic) which declared the Petitioner unfit; and
b. To constitute an independent Medical Board consisting of doctors from the Army Hospital (R & R), New Delhi or any other Hospital to ascertain the medical condition of the Petitioner.
2. Case of the petitioner is that he applied for the examination for direct recruitment for the post of Head Constable (Radio Operator) and Head Constable (Radio Mechanic) issued by the Directorate General of the Border Security Force and qualified the written examination and thereby eligible to appear in the Physical Examination/DME. During Detailed Medical Examination, he was declared unfit on two counts viz.
(i) Abnormal Distant and Near Vision
(ii) Anal Fissure
3. Being aggrieved, the petitioner applied for Review Medical Examination and as per the result of RME on 27.02.2023, he was found medically unfit but only on the ground of defective distant vision. Thereafter, petitioner approached the AIIMS, New Delhi and Safdarjung Hospital, New Delhi on 02.03.2023 wherein his eyesight has been found to be 6/6 i.e. within the acceptable standards.
4. Counsel for the petitioner submits that petitioner has found unfit on the ground of 'Defective Distant Vision' which is not disputed by counsel appearing for the respondents.
5. Since there are two different medical opinions, therefore, without going into the controversy, we dispose of the present petition by directing the RR Hospital to constitute a Medical Board and assess the petitioner's eye sight accordingly within three weeks. The respondents shall facilitate the petitioner to get medically examined.
6. As agreed by the learned counsel for the petitioner, the report of the RR Hospital shall be final and binding.
7. We hereby make it clear that in case the petitioner found medically fit, petitioner shall be allowed to join further selection process.
8. In view of above, present petition as well as pending application, if any, stand disposed of.
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