Fresh independent medical exam ordered when initial and review by same hospital yield conflicting govt hospital opinion.

ORDER (ORAL)

By Hon’ble Mr. Manish Garg, Member (J)

At the outset, learned counsel for the applicant relies upon the decision rendered by a co-ordinate Bench of the Tribunal in OA No.670/2024 decided on 11.03.2024 and sprays for similar order in the present matter. For the sake of brevity, the said order is reproduced as under:-

“At the outset, Shri R V Sinha, who has appeared on behalf of the SSC, states that in view of the Memorandum of Understanding (MoU) signed between SSC and Delhi police, the instant OA would be defended by the counsel representing Delhi Police. Accordingly, Learned counsel for Respondents No.2 & 3, Mr. Amit Yadav, shall represent Respondent No. 1, i.e., SSC as well.

2. Factual matrix, as explained by the learned counsel for the applicant, is that the applicant has participated in the recruitment process initiated by the SSC, for the post of Constable (Executive) Male and Female in Delhi Police Examination, 2023. After having been successfully cleared the said examination, name of the applicant appeared in the list of provisionally selected candidates. Thereafter he was called for medical examination which was conducted by the Medical Board, and reviewed by a subsequent Medical Board, wherein the applicant has been declared unfit for the medical condition as opined at page 19 annexure A1.

3. Aggrieved by the same, applicant has preferred the instant Original Application seeking the following relief(s) :-

“A. Call for records;

B. Quash and set aside the impugned order/report dated 31/01/2024;

C. Direct the Respondent No.1 to constitute an independent medical board to medically re-examine the Applicant;

D. Direct the Respondents to appoint the Applicants in the post of Constable (Exe.) with all consequential benefits including arrears etc;

E. Award cost of the proceedings; and F. Pass any order/relief/direction(s) as this Hon’ble Tribunal may deem fit and proper in the interest of justice in favour of the Applicant.”

4. Learned counsel for the applicant submits that the applicant was declared unfit by the Medical as well as the Review Medical Board on the ground of “defective distant vision”. Thereafter the applicant has got herself examined by a Government Hospital, Bhagwan Mahavir Hospital, New Delhi, on 13.02.2024, whereby the Doctors at the said hospital have cleared her of the medical condition, opined by the medical board of the respondents. The report of the same is annexed at pages 55 & 56. The report by the said Government Hospital is contrary to the report of the Medical Board as well as the report of the Review Medical Board.

5. Learned counsel for the respondents vehemently opposes the OA and prays for two weeks’ time to file reply. However, on instructions received from the respondents, he argues:

(i) That there is no provision of a further medical re-examination after the Medical and the Review Medical Board. He places reliance on point 14.2 of the advertisement, which reads as under:

“The Commission will not undertake detailed scrutiny of applications for the eligibility and other aspects at the time of Computer Based Examination and, therefore, candidature will be accepted only provisionally. The candidates are advised to go through the requirements of essential qualifications, age, physical and medical standards etc. and satisfy themselves that they are eligible for the post. Copies of supporting documents will be sought at the time of Document Verification. When scrutiny is undertaken, if any claim made in the application is not found substantiated, the candidature will be cancelled and the decision of the Commission/ Delhi Police shall be final.”

(ii) Intervention of the Tribunal would amount t