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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Manoj Jain, JJ.
Sunkari Sagar – Appellant
Versus
Union of India & Ors. – Respondents
W.P. (C) 10024 of 2023 & CM. Appls. 38642-44 of 2023
Decided On : 31-07-2023
Unfit - Medical Examination - The court upheld the decision to declare the petitioner unfit for the concerned service based on medical examination findings of Hansen's disease (Leprosy) despite the petitioner's claim of not suffering from the ailment.
Fact of the Case:
The petitioner challenged the result of the appeal medical examination where he was declared medically unfit for the post of Navik, GD in Indian Coast Guard due to Hansen's disease.
Finding of the Court:
The court found that the petitioner was a known case of Hansen's disease based on medical documents and completed multi drug therapy, leading to the decision to uphold the petitioner's unfit status for the concerned service.
Issues: The issue revolved around the petitioner's medical fitness for the post of Navik, GD in Indian Coast Guard, specifically regarding the presence of Hansen's disease.
Ratio Decidendi: The court relied on the Guidelines for Recruitment Medical Examination in Central Armed Police Forces and Assam Rifles, which categorize Hansen's disease as an outright disqualification for enrolment, influencing the decision to dismiss the petition.
Final Decision: The petition was consequently dismissed, affirming the decision to declare the petitioner unfit for the concerned service based on the medical examination findings of Hansen's disease.
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--Petitioner impugns the result of the appeal medical examination dated 14.06.2023, whereby petitioner was declared medically `Unfit'.
2. Petitioner had applied pursuant to an advertisement issued by the respondents for the post of Navik, GD in Indian Coast Guard. The primary medical examination report states that the petitioner was unfit on account of dental malalignment. Petitioner applied for a review. The Review Medical Board declared petitioner fit on the ground that he has sufficient dental points. Thereafter, petitioner was examined at the Indian Naval Ship, Chilka as part of the stage-III of the examination, wherein it was stated that petitioner is temporary unfit for Hansen's disease (Leprosy).
3. Petitioner was thereafter examined at INHS Kalyani at Vishakhapatnam, where the petitioner has been declared unfit for Hansen's disease on noticing persistence of Hypopigmented erstwhile patch on exterior aspect of right forearm.
4. Learned counsel for petitioner submits that the petitioner does not suffer from the said ailment and the All India Institute of Medical Sciences, Mangla Giri, Andhra Pradesh has certified that there is no clinical evidence of Hansen's disease at present.
5. The medical documents filed by the petitioner, particularly, the treatment slip of Shri Venkteshwara Skin and Cosmetology Clinic dated 02.07.2022 as well the report of the King George Hospital, Visakhapatnam dated 24.06.2023, show that petitioner was suffering from Hansen's disease. In fact, the King George Hospital, Visakhapatnam has certified that petitioner is a known case of Hansen's 10 months back and completed multi drug therapy for six months.
6. As per the Guidelines for Recruitment Medical Examination in Central Armed Police Forces and Assam Rifles, Leprosy, which is also known as Hansen's disease, is an outright disqualification for enrolment.
7. Since petitioner is a known case of Hansen's disease (Leprosy), we find no ground to interfere with the decision taken by the respondents in declaring the petitioner unfit for the concerned service based on his medical examination. We find no merit in the petition. Petition is consequently dismissed.
AI
Hansen's disease (Leprosy) is an outright disqualification for enrolment as per the Guidelines for Recruitment Medical Examination in Central Armed Police Forces and Assam Rifles.
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