Delhi High Court - Orders
Ankit Yadav vs Union Of India & Anr on 5 November, 2024
Author: Navin Chawla
Bench: Navin Chawla
$~37
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15644/2023
ANKIT YADAV .....Petitioner
Through: Mr. Sudhir Kumar, Adv. with
petitioner.
versus
UNION OF INDIA & ANR. .....Respondents
Through: Mr. Avnish Singh, SPC with
Mr. Kapil Dev Yadav and Mr.
Devender Singh, Advs.
SI Shrabarta Sarkar for SSB.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE SHALINDER KAUR
ORDER
% 05.11.2024 CM APPL. 15765/2024
1. This application has been filed by the respondents seeking condonation of delay of 28 days in filing the counter affidavit.
2. A similar prayer was made by the respondents in CM APPL. 21620/2024, which already stands allowed vide Order dated 10.04.2024.
3. The application is, accordingly, disposed of. W.P.(C) 15644/2023
4. This petition has been filed by the petitioner challenging the medical examination report dated 20.09.2022 by which the petitioner was declared unfit for appointment to the post of Constable (GD) in the Central Armed Police Forces (CAPFs), NIA, SSF and Rifles Man This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/11/2024 at 21:30:05 (GD) in Assam Rifles Examination, 2021 on the ground of "hypopigmentation on the right hand and wrist".
5. Aggrieved of the same, the petitioner filed an application seeking a review medical examination.
6. In the review medical examination dated 26.09.2022, he was again declared unfit for appointment on the ground of "depigmentation spots on right hand (post burn depigmentation on right hand)".
7. The learned counsel for the petitioner submits that the petitioner got himself examined at the Rajiv Gandhi Rajkiya General Hospital, Alwar, where the doctor opined that the depigmentation suffered by the petitioner is not an active disease. He further submits that, therefore, the petitioner could not have been denied appointment only on the basis of the above condition. The learned counsel also submits that, in fact, the burn injury has since healed and the depigmentation is not even visible.
8. On the other hand, the learned counsel for the respondents has drawn our attention to the "Revised Uniform Guidelines for Recruitment Medical Examination for recruitment of GOs and NGOs in the CAPFs & AR" dated 20.05.2015 (in short, 'Guidelines') and specifically Clause XII B (17) of the Guidelines, to submit that a prior burn injury is a condition for disqualification from appointment.
9. We have considered the submissions made by the learned counsels for the parties.
10. Clause XII B (17) of the Guidelines reads as under:-
"XII.EXAMINATION FOR SKIN DISEASES This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/11/2024 at 21:30:05 AND LEPROSY B. Other conditions which are to be considered for rejection-
17. Prior burn injury susceptible to trauma or resulting in functional impairment to such a degree as to interfere with the satisfactory performance of combatised duty, due to decreased range of motion, strength, or agility due to burn wound/scarring is disqualifying."
11. From a reading of the above, it is apparent that a mere prior burn injury is not a disqualification; it becomes a disqualification only when such injury is susceptible to trauma or results in functional impairment to such a degree that it interferes with the satisfactory performance of combatised duty, due to decreased range of motion, strength, or agility due to the burn wound/scarring.
12. In the present case, the Review Medical Board has disqualified the petitioner only because of the past burn wound and has not given any opinion on whether the same also makes the petitioner susceptible to trauma or functional impairment, as is the requirement under Clause XII B (17) of the Guidelines.
13. The learned counsel for the respondents, at this stage, has also placed reliance on the medical opinion dated 05.01.2024 issued by the Commandant (Medical), Lucknow, who has opined as under:
"3. AS PER GUIDELINES FOR RECRUITMENT MEDICAL EXAMINATION IN CAPFs & AR MAY 2015, PAGE NO.33 PARA NO.17 "PRIOR BURN INJURY SUSCEPTIBLE TO TRAUMA OR RESULTING IN FUNCTIONAL IMPAIRMENT TO SUCH A DEGREE AS TO This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/11/2024 at 21:30:06 INTERFERE WITH THE SATISFACTORY PERFORMANCE OF COMBATISED DUTY DUE TO BURNING WOUND/SCARRING IS DISQUAUFYING".
4. IN VIEW OF THE ABOVE AS THE BURN INJURY WAS INVOLVING RIGHT HAND AND WRIST AND WAS NOT FULLY HEALED CHANCES OF SCARRING AND FURTHER COMPLICATION COULD NOT BE RULED OUT AT THAT SPECIFIC TIME, AND BEING RECRUITED AS A COMBATISED PERSONNEL IN CAPF & AR.
FULLY FUNCTIONAL RIGHT HAND WAS OF PARAMOUNT IMPORTANCE TO DISCHARGE THEIR DUTIES. HENCE, INDIVIDUAL WAS DECLARED UNFIT."
14. We find that even the Commandant (Medical), Lucknow has not given any opinion to the effect that the injury suffered by the petitioner would, in fact, hamper his functioning and discharge of duties, if appointed. The opinion is more on conjectures and surmises, rather than a medical finding.
15. Given the peculiar circumstances of the case, we direct that the respondents shall have the petitioner re-examined at the Army Hospital (R & R), New Delhi, within a period of three weeks from today. The examination shall be conducted by a Board of Doctors, which must include a Skin Specialist. The Board shall, on examination of the petitioner, also opine if the medical condition suffered by the petitioner makes him ineligible for appointment, specifically considering Clause XII B (17) of the Guidelines, which have been referred hereinabove.
16. The report of the medical examination shall be produced before This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/11/2024 at 21:30:06 this Court on the next date of hearing.
17. List on 12th December 2024 in the Supplementary List.
NAVIN CHAWLA, J SHALINDER KAUR, J NOVEMBER 5, 2024 akc/km/SJ Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/11/2024 at 21:30:06