Tripura High Court
Unknown vs For Petitioner(S) : Mr. Raju Datta on 25 February, 2019
Author: Arindam Lodh
Bench: Arindam Lodh
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HIGH COURT OF TRIPURA
AGARTALA
WP(C) NO.1144 OF 2018
HON'BLE MR. JUSTICE ARINDAM LODH
Present:
For petitioner(s) : Mr. Raju Datta, Advocate
For respondent(s) : Mr. Himangshu Deb, Asstt. S.G.
ORDER
25/02/2019 Heard Mr. Raju Datta, learned counsel appearing for the petitioner as well as Mr. Himangshu Deb, learned Asstt. S.G. appearing for the respondents-Union of India.
By means of filing this writ petition the petitioner has prayed for the following reliefs:
"It is, therefore, humbly prayed that Your Lordships would graciously be pleased to issue Rule upon the Respondents to show cause as to why the Respondents should not transmit all records relating to the case of the Petitioner.
AND As to why a Writ in the nature of Certiorari should not be issued quashing the Review Medical Examination Report dated 03.08.2018 issued by the Review Medical Board declared that the petitioner is unfit.
AND As to why a Writ in the nature of Mandamus should not be issued directing the Respondents to declare the Petitioner fit to join the service in the post of Constable/GD and to allow the petitioner to join the post in response to offer of appointment dated 26.04.2018.
AND As to why such other order/orders should not be passed so as to give full relief to the Petitioner and upon causes shown to make the Rule absolute;"
This Court after hearing the learned counsels and on agreement between the parties, passed an order on 17.01.2019 Page 2 of 4 directing the State Medical Board, AGMC & GBP Hospital, Agartala to examine the petitioner whether he is having "normal hearing process". Accordingly, the petitioner appeared before the constituted Medical Board authorized by the State Government.
The petitioner was duly examined by the said Medical Board and furnished report in compliance of the order dated 20.02.2019. The report is reproduced here-in-below, in extenso:
"CONFIDENTIAL REPORT OF THE STANDING MEDICAL BOARD The members of the Standing Medical Board, Government of Tripura, Agartala Government Medical College & G.B.P. Hospital, Agartala, examined Sri Mujaffar Ali-23 yrs, Case Reference No.WP(C) 1144 of 2018 on 31-01-2019.
After careful examination, it is found that as per clinical examination done at ENT, OPD, AGMC & GBP Hospital, Agartala. His hearing is within normal limit & pure Audiometry(PTA) shows normal Hearing.
MEMBER: MEMBER: CO-OPT. MEMBER:
MEMBER-SECRETARY:
No.F.4(2)-Med/94-95
Government of Tripura
Office of the Chairman, Standing Medical Board, Agartala Government Medical College & GBP Hospital, Agartala, Dated, Agartala the 14/02/2019 Copy forwarded to the Deputy Registrar(Judl.), High Court of Tripura, Agartala, West Tripura, for information, this has a reference to the letter under No.F40(10).HCT/BENCH/WP(C)/2019/652 dated 18-01-2019.
Chairman Standing Medical Board, Agartala Government Medical College & GBP Hospital, Agartala"Page 3 of 4
Mr. Datta, learned counsel appearing for the petitioner submits that the Standing Medical Board in their report opined, the petitioner's hearing capacity is within normal limit and pure audiometry shows normal hearing. So, he prays for setting aside the decision of the respondents declaring him not fit and also he has prayed for quashing the Review Medical Examination Report annexed to the writ petition as Annexure-6.
I have meticulously perused the report of the Standing Medical Board confidentially sent to the Registrar(Judicial), High Court of Tripura vide communication dated 22.02.2019. After perusal of the report, I find the observation made by the doctors of the Standing Medical Board where they have observed that, "After careful examination, it is found that as per clinical examination done at ENT, OPD, AGMC & GBP Hospital, Agartala. His hearing is within normal limit & pure Audiometry(PTA) shows normal Hearing."
In view of the above observation made by the Standing Medical Board, in my considered view, the petitioner has no hearing impairment as of now, and he is fit to continue his service under the respondents.
In the light of the observation I made here-in-above and the medical report of the Standing Medical Board of the AGMC & GBP Hospital, Government of Tripura, I direct the respondents to reinstate the petitioner within a period of 10(ten) days from today.
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However, liberty is given to the respondents to take up the matter with the constituted Medical Board, but, it is made clear that direction in regard to re-instatement of the petitioner into the service remains unaltered.
With the aforesaid observation and direction, the instant writ petition is allowed and, accordingly, stands disposed.
JUDGE