The Tribunal upheld the necessity for a fair re-evaluation of medical fitness in recruitment cases when conflicting medical opinions exist.

ORDER (ORAL)

Per Hon’bleMs. Harvinder Oberoi, Member (J) :

By way of the present OA, the applicant has challenged the decision of the respondents whereby he has been declared unfit of the post of Delhi Police Constable (Executive) Male. After the applicant was provisionally selected a medical examination was conducted and he was declared unfit on the ground of “Fibracloficc nodule lowerlobe Lymph nodes in illegible reason spine metery suggested moderate dusmition”. A review medical examination was also conducted on 30.01.2024, wherein the doctors gave a similar opinion. Thereafter, the applicant has got himself medically examined from another Govt. Hospital which found him medically fit. A copy of which has been annexed as Annexure A/2.

2. Learned counsel for the applicant, at the outset, draws attention to decision of a Coordinate Bench of this Tribunal in OA 1857/2024, wherein the applicant, also had been declared medically unfit and had approached this Tribunal. In the aforementioned OA, the Tribunal relying on various decisions by the other benches has allowed the OA and has directed the respondents to re-examine the applicant. He submits that the said decision is squarely covers the issue.

3. He also draws our attention to the fact that there were many other such matters and the re-review medical examination wherein the applicants were suffering from vision defects, hypertension etc. has been conducted. He submits that the re-review medical examination is still pending. This fact is also confirmed by the counsel appearing for the respondents.

4. Counsel for the respondents appears on advance notice and has vehemently opposed the OA. It is stated that under the rules there is no provision for a re-remedical. The decision of the review medical board is final. As such no relief can be granted to applicant.

5. We have considered the rival contentions, we note that all the objections raised by applicants have been considered and rejected by the Tribunal earlier. For the sake of brevity, we do not repeat them herein. However, we note that two govt institutions are giving divergent opinions on the medical fitness of the applicant. Since it is the question of employment, we feel that the applicant deserves one chance. Given the above, the OA is allowed and the respondents are directed to allow the applicant to appear for the re-review medical examination to be conducted by them as per the directions issued by this Tribunal in OA 1857/2024 and also in the present case.

6. The OA is disposed of in the aforesaid terms.

7. No order as to costs.