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Delhi High Court - Orders

Atul Kumar vs Unon Of India & Anr on 18 May, 2022

Author: Sanjeev Sachdeva

Bench: Sanjeev Sachdeva, Tushar Rao Gedela

                                      $~8
                                      *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      +     W.P.(C) 5993/2022
                                            ATUL KUMAR                                            ..... Petitioner
                                                               Through:     Ms. Pragya Sharma, Advocate

                                                               versus

                                            UNON OF INDIA & ANR.                                ..... Respondents
                                                               Through:     Mr. Shoumendu Murherji, Senior
                                                                            Panel Counsel with Mr. Megha
                                                                            Sharma, Mr. Kartikeya Durrani,
                                                                            Advocates for R-1 & R-2
                                            CORAM:
                                            HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                                            HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                                         ORDER

% 18.05.2022

1. Learned counsel for the petitioner submits that there is lot of variations in the medical report with regard to the TSH level of the petitioner as reported by the Review Medical Board and also as found by the Safdarjung Hospital as well as private laboratories.

2. Learned counsel submits that the three consecutive reports as shown the parameters of the petitioner within limit. He further submits that the Review Medical Board opinion does not suggest that the examination of the petitioner with regard to the disqualification 'flat foot' is in terms of the Revised Unified Guidelines dated 20.05.2015.

3. Learned counsel further submits that the disqualification on the Signature Not Verified Digital Signed By:KUNAL MAGGU W.P.(C) 5993/2022 1 Signing Date:19.05.2022 11:04:35 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

ground of tremors has been related to the TSH level whereas the same has no correlation.

4. In view of the above submissions, we are of the view that petitioner should be examined by a fresh Medical Board to be constituted by the Border Security Force/CISF.

5. The petitioner shall be intimated the date, time and place of the examination by the Medical Board. The medical board shall examine the petitioner inter alia in accordance with the Revised Unified Guidelines dated 20.05.2015 and submit its opinion.

6. The Medical Board shall also render an opinion with regard to co-relation between the TSH levels and traverse, if any.

7. List on 11.07.2022.

SANJEEV SACHDEVA, J TUSHAR RAO GEDELA, J MAY 18, 2022 'rs' Signature Not Verified Digital Signed By:KUNAL MAGGU W.P.(C) 5993/2022 2 Signing Date:19.05.2022 11:04:35 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.