Central Administrative Tribunal - Delhi
Surender Ahirwar vs Delhi Police on 4 September, 2024
1
OA No.1376/2024
Item No. 24 (C-4)
Central Administrative Tribunal
Principal Bench
New Delhi
OA No.1376/2024
This the 4 day of September, 2024
th
Hon'ble Mrs. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Sumeet Jerath, Member(A)
Surendra Ahirwar.
Age-22 years,
S/o Sh. Munnalal Ahirwar
R/o- Village & PO-Birora Khet,
Tehsil-Prithvipur, District-Niwadi
Madhya Pradesh Phone No.6261135364
Group 'C' (Constable-Exe-Male)
...Applicant
(By Advocates: Mr. Rajesh Kumar Chauhan)
Versus
1. Govt. of NCT of Delhi through the Chief Secretary, Govt. of
NCTD, A-Wing, 5th Floor, Delhi Secretariat, New Delhi-110113
2. The Commissioner of Police Police Headquarters, MSO Building,
1.P. Estate, New Delhi.
... Respondents
(By Advocate: Mr. N D Kaushik)
2
OA No.1376/2024
Item No. 24 (C-4)
O R D E R(Oral)
Hon'ble Mrs. Harvinder Kaur Oberoi, Member(J) The brief facts of the case are that the applicant had participated in the recruitment process initiated by the Staff Selection Commission (SSC), for the post of Constable (Executive) Male and Female in Delhi Police Examination, 2023. After having successfully qualified in the said examination, his name appeared in the list of provisionally selected candidates. Thereafter, he was called for a medical examination. Applicant was declared medically unfit. On the applicant's request, a review Medical Board was conducted, wherein the applicant was again declared unfit for the medical condition as opined at Annexure (A1).
2. Aggrieved by the same, the applicant has preferred the instant Original Application seeking the following relief(s) :-
"To set aside the medical report dated 22.1.2024 (copy never supplied, thus not annexed) and Review Medical examination report dated 23.1.2024 whereby the applicant was declared medically 'unfit' and to further direct the respondents that the applicant be subjected to a fresh medical examination in any recognized / reputed hospital of the government in NCR as the earliest and if found fit then to appoint the applicant to the post of Constable(Exe) Male in present selection process with all consequential benefits including seniority & promotion and pay & allowances."3 OA No.1376/2024
Item No. 24 (C-4)
3. Learned counsel for the applicant submits that the applicant was declared unfit by the Medical Board on 22.01.2024 and thereafter by the Review Medical Board on 23.01.2024, on the grounds of "Color Vision defective and stammering". Thereafter, he got himself examined by a Government Hospital, whereby the Doctors at the said hospital cleared him of the medical condition. The report of the same is relied upon and annexed with the OA. The said medical report of the Govt. Hospital is contrary to the report of the Medical Board as well as the report of the Review Medical Board.
4. Learned counsel for the applicant draws strength from the judgment of the Hon'ble High Court of Delhi in WP(C) No.3387/2023 in the matter of Vijay vs. Union of India Ors. decided on 20.03.2023. The Hon'ble High Court disposed of Writ Petition directing the respondents to constitute a review medical board to ascertain the medical fitness of the applicant therein. The operative portion of the same reads as under:-
"5. Since there are two different medical opinions, therefore, without going into the controversy, we dispose of the present petition by directing the RR Hospital to 4 OA No.1376/2024 Item No. 24 (C-4) constitute a Medical Board and assess the petitioner's eye sight accordingly within four weeks. The respondents shall facilitate the petitioner to get medically examined.
6. As agreed by the learned counsel for the petitioner, the report of the RR Hospital shall be final and binding.
7. We hereby make it clear that in case the petitioner found medically fit, petitioner shall be allowed to join further selection process.
8. In view of above, present petition stands disposed of." Applicant seeks similar relief.
5. Learned counsel for the respondents appeared on advance service and opposed the OA. On instructions received from the respondents, he argues that there is no provision of a further medical re- examination after the Medical and the Review Medical Board. He relied upon the various terms and conditions mentioned in the advertisement.
6. Heard learned counsel for the parties at the admission stage itself. Several decisions of the Tribunal have also been cited in support of the stand of the applicant wherein in similar circumstances, the Tribunal disposed of the OAs directing the respondents to conduct a fresh medical examination of the applicants therein by constituting an appropriate independent medical board. 5 OA No.1376/2024 Item No. 24 (C-4)
7. The Tribunal has dealt with the rival contentions at great length in OA No. 519/2024, vide Order dated 10.05.2024. The operative portion of the said Order reads as under:-
"ANALYSIS 24.1 We have given thoughtful consideration to the contentions raised by the respective counsel for the parties. We are of the view that a detailed observation had been made in Salman's case i.e. in OA No.823/2024 (supra), wherein all contentions raised in the OA as well as the arguments put forth by the respective counsels for the parties were dealt with in great detail. We need not reiterate the same as the contentions and observations made therein be read as a part and parcel to the present OA as well.
24.2 Additionally, we also observe that it is not in dispute that physical test i.e. PE&MT was conducted prior to the medical and review medical board. We also find that a circular was also issued on 16.01.2024 as highlighted above wherein large number of candidates had been informed that the medical examination would require to be completed within a week's time.
24.3 We are conscious of the limitations of the directions. However, taking note of the observations already made in Salman's case(supra), wherein decision of Deepak Yadav had also been cited, we are of the considered view that we cannot take a divergent view as already taken by a co-ordinate Bench of ther Tribunal and therefore, dispose of the OA in terms of Deepak Yadav's case i.e. in OA No.597/2024 dated 22.04.2024.
24.4 We appreciate the valuable assistance given by the respective counsels namely, Ms. Esha Mazumdar, Mr. Anil Singal and Mr. Amit Yadav, standing counsel appearing for Delhi Police.
25. CONCLUSION 25.1 In view of the above, we dispose of the present OA(s) by directing the respondents to get the applicant's re- medical examination done by a duly constituted Medical Board which would include the specialist in the respective field(s) and in case of women, a female specialist shall be part of panel, who shall opine in light of Clause 13.2 so as to 6 OA No.1376/2024 Item No. 24 (C-4) arrive at a just conclusion whether the applicant is physically fit for appointment to the post of Constable in Delhi Police.
25.2 In order to arrive at a conclusive determination of medical fitness, the applicant should disclose and provide complete hertory of the past or existing aliments before the Review Medical Board. The candidate must also provide the full particulars of aliment(s) as to when it was diagnosed, nature of treatment undertaken by him/her, whether still undergoing treatment, is it temporary in nature or not, medication being undertaken and under whose medical supervision. Such disclosures shall be made by way of an affidavit along with all medical records.
25.3 In the event, the Review Medical Board comes to a conclusion that the candidate is medically fit they must give a conclusive finding to that effect. In cases of temporary unfitness, they must give specific observation(s) whether the candidate is functionally incapable to perform the duties as police constables keeping in mind that the said candidate has been declared medically fit by other similar organizations such as BSF, CRFP etc. 25.4 The re-review medical examination being undertaken now shall be final and binding on the parties.
25.5 Liberty is always there to verify the genuineness of the medical records/certificate of the candidates who are declared medically fit by the respondent authorities before issuing offer of appointment.
25.6 It is directed that the re-medical examination shall be undertaken within a period of 12 weeks from the date of receipt of a certified copy of ther Order. Further, the respondents are directed to convey the decision to the applicant. In the event, the applicant is found to be fit, further action shall be taken in accordance with law. No order as to costs.
26. The OA is disposed of in the aforesaid terms. All pending applications, if any, are disposed of. No Costs."
8. In our considered view, the ratio of the aforesaid Order applies to the facts of the present case as well. Accordingly, the OA is also disposed of with a direction to the competent authority amongst the 7 OA No.1376/2024 Item No. 24 (C-4) respondent to conduct a fresh medical examination of the applicant by way of constituting an appropriate medical board in any government hospital except the hospital which has already conducted the initial and the review medical examination. Appropriate orders with respect to the candidature of the applicant on the basis of the outcome of such an independent/fresh medical examination be passed thereafter under intimation to the applicant.
9. The aforesaid directions shall be complied with within a period of twelve weeks from the date of receipt of a certified copy of ther order. In the event the applicant is being declared medically fit, subject to her meeting other criteria, she shall be given appointment forthwith. The applicant, in such an eventuality, shall also be entitled to grant of all consequential benefits, however, strictly on notional basis. No costs.
(Dr. Sumeet Jerath) (Harvinder Kaur Oberoi)
Member(A) Member(J)
/ss/