Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4633

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Mini Pushkarna, JJ.
Davinder Kaur – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 6446 of 2023
Decided On : 16-05-2023

Advocates appeared:
Mr.K.K. Sharma, Advocate, for the Petitioner.
Mr.Shyam Sunder Rai, SPC with Ms.Seema Singh (GP), Advocates and Mr.Sourabh Bhushan (AC) (Legal Officer), for the Respondents.

The principle of providing an opportunity for re-examination in cases of medical unfitness due to specific reasons, as established by previous court decisions.

Headnote:
Tattoo - Medical Examination - Opportunity for Re-examination
Fact of the Case:

The petitioner sought the quashing of two memoranda declaring her unfit due to a tattoo on her right forearm and hand, and requested a re-conducting of the medical examination to consider her candidature for a specific post.
Finding of the Court:

The court directed the respondents to examine the petitioner afresh before a freshly constituted Medical Board within four weeks. If found fit, she would be allowed to join further selection process, but if found unfit, the decision would be final and binding.
Issues: Quashing of unfit memoranda, re-conducting of medical examination, consideration for candidature based on sports quota.
Ratio Decidendi: The court's decision was influenced by previous cases where petitioners were given the opportunity to appear before a freshly constituted Medical Board, indicating a precedent for re-examination in similar cases.
Final Decision: The petition was disposed of with the direction for re-examination by a freshly constituted Medical Board, with the outcome being final and binding.

JUDGMENT (Oral)

CM APPL.25338/2023 (Exemption)

1. Allowed, subject to all just exceptions.

2. The application is accordingly disposed of.

W.P.(C) 6446/2023 & CM APPL.25339/2023

3. Present petition has been filed seeking quashing of memorandum of unfit dated 23.01.2023 (DME) and quashing of memorandum of unfit dated 25.01.2023 (RME) as she was declared unfit on account of having tattoo on her right forearm. Further seeks direction for re-conducting of RME of petitioner and consider her candidature for the post of Head Constable/GD in the category of weightlifting (59 KG) afresh.

4. Case of the petitioner is that the petitioner participated for the post of Head Constable/GD through sports quota and for the said purpose, Detailed Medical Examination was conducted on 23.01.2023 whereby she was declared unfit due to the tattoo on her right arm. Thereafter, on 25.01.2023, Review Medical Examination was conducted and the petitioner was again declared unfit on account of tattoo with scar over right forearm and hand.

5. Now the case of the petitioner is that tattoo on the arms and hands have already been removed and that she should be given an opportunity to participate in the examination.

6. Similar issues have already been decided by this Court in W.P.(C) 16030/2022 titled as "Vineet Kumar Meena vs. Union of India & Ors." and W.P.(C) 15302/2022 titled as "Shubham Sharma vs. Union of India & Ors." wherein this Court gave liberty to the petitioners therein to appear before freshly constituted Medical Board of the respondents.

7. Accordingly, in the interest of justice, we hereby direct the respondents to examine the petitioner afresh before the freshly constituted Medical Board of the respondents within four weeks from today and if the petitioner is found fit by the said Medical Board, she shall be allowed to join further selection process.

8. However, it is made clear, as agreed by learned counsel for petitioner, that if the petitioner is found unfit, the said decision shall be final and binding.

9. In view of above, petition is disposed of.

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