Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 3616

IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Manoj Jain, JJ.
Aman Kumar Jha – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 10995 of 2023 & CM APPL. 42619 of 2023
Decided On : 22-08-2023

Advocates appeared:
Mr. Raghunath Pathak, Mr. Kailash Kr. Jha, Mr. Aditya, Mr. Akhil Rexwal, Mr. Anjani Mishra, Mr. Deepak and Ms. Shweta Priya, Advocates, for the Appellant.
Ms. Ritu Reniwal, Senior Panel Counsel with Mr. Kristen Sleeth, Advocate, for UOI.

Compliance with specified medical examination guidelines and the importance of evidence in determining disqualifying conditions.

Headnote:
Medical Examination - Haemorrhoid - The court directed a fresh medical examination of the petitioner in accordance with the specified guidelines due to lack of evidence of bleeding in the initial medical report.
Fact of the Case:

The petitioner challenged the medical examination report declaring them unfit due to Haemorrhoid, Grade-I.
Finding of the Court:

The court directed a fresh medical examination in accordance with the guidelines and made the decision of the Review Medical Board final, to be accepted by both parties.
Issues: Validity of the initial medical examination report and compliance with the specified guidelines.
Ratio Decidendi: Lack of evidence of bleeding in the initial medical report led to the direction for a fresh examination in accordance with the guidelines.
Final Decision: The petition was disposed of with the direction for a fresh medical examination and acceptance of the Review Medical Board's decision by both parties.

JUDGMENT

Sanjeev Sachdeva, J. (Oral)

1. Petitioner impugns the medical examination report dated 05.08.2023 whereby petitioner has been declared unfit on the ground of having Haemorrhoid, Grade-I.

2. Learned counsel for the petitioner refers to the Revised Uniform Guidelines for Review Medical Examination in Central Armed Police Force and Assam Rifles dated 31.05.2021 wherein it is stipulated in paragraph III, 3(f), (iii) (3) - Haemorrhoid (internal or external) with evidence of bleeding, is disqualifying.

3. We observe from the medical report that though the experts have opined that petitioner suffers from Haemorrhoid, Grade-I, there is no opinion as to whether there is any evidence of bleeding which has been stipulated as a disqualifying condition.

4. Accordingly, we deem it expedient to direct the respondent to conduct a fresh medical examination of the petitioner in accordance with the above referred guidelines.

5. It is agreed between the parties that the decision of the Review Medical Board directed by this order shall be final and both parties shall accept the same. In case the report is in favour of the petitioner, consequential further steps shall be taken by the respondent in accordance with law.

6. The petition is disposed of in the above terms.

7. Order dasti under signatures of the Court Master.

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