Punjab-Haryana High Court
Anoop Kumar vs Indo Tibetan Border Police Force on 3 December, 2013
Author: Rajiv Narain Raina
Bench: Rajiv Narain Raina
CWP No.15706 of 2012
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.15706 of 2012
Date of Decision: 03.12.2013
Anoop Kumar
..... Petitioner
Versus
Indo Tibetan Border Police Force
and others
... Respondents
CORAM:- HON'BLE MR. JUSTICE RAJIV NARAIN RAINA
Present: Mr. Vivek Sharma, Advocate,
for the petitioner.
Ms. Ranjana Shahi, Advocate,
for the respondents.
Mr. Vikrant Sharma, Advocate,
for PGI.
1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?
RAJIV NARAIN RAINA, J.
This writ petition was filed with a prayer for quashing the order dated 24.05.2012 (P-5) vide which the petitioner has been disqualified from holding the post of Constable/Washerman in ITBP Force due to failure to qualify the medical examination for the reason of an abnormal chest X-ray analysis.
On notice of motion having been issued, the respondents entered appearance and have contested the case. It is not disputed that the petitioner had been provisionally selected after qualifying the physical test prescribed as well as the written test conducted. However, the petitioner failed in the Mittal Manju 2013.12.12 14:19 I attest to the accuracy and integrity of this document Chandigarh CWP No.15706 of 2012 -2- medical examination on his physical examination by the Composite Hospital, Chandigarh on 22.03.2012. Unable to discern the real reason for declaring the petitioner medically unfit, in order to arrive at a just decision, this Court passed the following interim order dated 23.10.2013 requesting the PGI Chandigarh to examine the petitioner medically and to opine on his medical condition found by Composite Hospital of ITBP:- "CM No.13816 of 2013
CM is allowed. Reply is taken on record.CWP No.15706 of 2012
The petitioner has been declared medically unfit for two reasons; firstly "blunting of left CP angle" and secondly "few fibrotic changes left lower zone". For these reasons the petitioner has not been appointed as Washerman, the post applied for.
In the written statement filed by ITBP, it is stated that the petitioner was medically examined at Composite Hospital, Chandigarh (U.T.) but since facilities of CECT were not available in that hospital, the petitioner was referred to a private laboratory in Chandigarh run by a radiologist in his private clinic known as the Dr. Shamsher Singh Memorial Radio Diagnostic Centre, Sector 16-D, Chandigarh (U.T.). The petitioner was examined there and the Radiologist was of the opinion that the petitioner had "Few Fibrotic Changes Left Lower Zone". In para 10-A of written statement, it has been revealed that the chest X-ray of the petitioner done by the radiologist at the Composite Hospital, Chandigarh who found "blunting of left CP angle" and advised co-relation of the two conditions clinically. That is how the petitioner was sent to the private clinic with the medical record through an official messenger. If the petitioner could be permitted to be examined by a private radiologist in Chandigarh, I see no reason why an opinion of the PGI, Chandigarh was not taken where he could be examined not only by radiologists but by other eminent doctors, who may have had a broader expert view of the two medical conditions and to co-relate them with the duties required of a Washerma, which the petitioner would have been called upon to perform if selected in ITBP.
Mr. Vivek Sharma submits that his client is willing to undergo medical examination in the PGI from both the radiological and clinical angles and at his own expense. Since, ITBP had opened the doors to a Mittal Manju 2013.12.12 14:19 I attest to the accuracy and integrity of this document Chandigarh CWP No.15706 of 2012 -3- private medical examination, they cannot be heard to say that the petitioner should not be examined at an institute of national importance as the PGI is.
Therefore, by this order the Medical Superintendent PGI, Chandigarh, is requested to arrange a medical examination of the petitioner from both radiological and clinical angles with respect to the above two conditions at the PGI. To facilitate such an exercise the respondent ITBP is directed to transmit through the hands of an ITBP official, the original record including X-ray of the petitioner to the Medical Superintendent, PGI, Chandigarh so that both the petitioner and the record are available for further medical examination. The doctors who may examine the petitioner are requested by this order to examine the petitioner at their convenience at any time fixed by them to be communicated to the petitioner by the Medical Superintendent, PGI, Chandigarh and ITBP at Chandigarh.
It would be appreciated if the doctors would in simple words opine on and explain to this Court their findings and make a report as to what the above two conditions mean and whether they would stand in the way of a Washerman in performace of duties in the ITBP in the harshest of terrain at high altitude and in the plains. ITBP would transmit to the Medical Superintendent, PGI, Chandigarh the physical and medical standard required for the post of Washerman, the post applied for in ITBP in writing for the doctors to medically examine the petitioner from those angles.
Mr. Vikrant Sharma who usually appears for the PGI before this Court and on its asking is requested to transmit a copy of this order to the Medical Superintendent, PGI, Chandigarh for necessary action, a copy of which is made available to the learned counsel attested by the Bench Secretary of this Court.
Let the parties appear before the M.S, PGI on 30.10.2013. Adjourned to 3.12.2013 for medical status report to be submitted."
The request of this Court to the Medical Superintendent, PGI, Chandigarh to get the petitioner examined by medical experts in the PGI was graciously accepted for which this court records its appreciation to go beyond the call of duty. The medical opinion of the PGI produced today by its learned standing counsel before the Court reads as follows:-
"Minutes of the Medical Board constituted to examine the patient Anoop Kumar S/o Shri Daulat Ram dated 26/11/2013 Mittal Manju 2013.12.12 14:19 I attest to the accuracy and integrity of this document Chandigarh CWP No.15706 of 2012 -4- Mr. Anoop Kumar 23 year old male resident of Dhamgram, Chamba, Himachal Pradesh was examined vide CR No. 2013 0487 7416 on 26.11.13 at 10:00 AM in the office of Prof. S.K. Jindal, Chairman of the Board.
Both general, physical and chest examination was normal. There was no clinical evidence of pleural thickening/effusion. No abnormality detected regarding Cardiovascular and per abdomen examination. The patient was advised for contrast enhanced CT scan of the chest (consent taken).
The Medical Board reviewed the case and investigations. Earlier Chest X-ray report showed mild blunting? Pleural thickening? Mild pleural effusion on left side.
A contrast enhanced CT scan (CECT) was done which showed no pleural/pericardial effusion. There are small fibrotic bands seen in bilateral lower lobes. These do not show any significant change as compared to the previous CT done on 2.7.12 and thus bear no significance. The impression was that it is a grossly normal CT scan of chest.
The Board was of the unanimous opinion that the patient has no pleural effusion or significant pleural thickening. He has small fibrotic bands (in simple words it means a small scar), which are of no clinical significance. He is to work as a Washer man under ITBP.
Since there is no evidence of Pleural effusion or pleural thickening of any significance except small fibrotic bands on thin sections only, he may not be declared unfit.
Original reports of CECT Investigations conducted are also enclosed for reference.
Prof. S.K. Jindal Dr. Ashutosh Aggarwal
Chairman Member
Dr. Naveen Kalra Dr. Navneet Dhaliwal
Member Convener"
The significant unanimous opinion of the four eminent doctors headed by none other than Professor S.K. Jindal, Chairman of the Board himself is that the patient has no pleural effusion or significant pleural thickening. He has small scars which are of no clinical significance.
Ms. Ranjana Shahi, learned counsel for the respondent ITBP has graciously not disputed the medical report of the PGI as the final medical Mittal Manju 2013.12.12 14:19 I attest to the accuracy and integrity of this document Chandigarh CWP No.15706 of 2012 -5- opinion from those who know what internal medicine is about. This paves the way for the petitioner's appointment as Constable (Washerman) in ITBP. The medical opinion which was brought and produced in Court today in sealed cover is taken on record in original as Mark 'A' and in terms thereof a direction is issued to the respondents to take a final decision in terms of the opinion and to consider offering the petitioner appointment to the post for which he was duly selected but not offered permanent job due to the opinion formed by the Composite Hospital, Chandigarh. If the petitioner satisfies all other conditions of appointment, he may be offered appointment within 30 days from the date of receipt of certified copy of this order. The petitioner would not be denied appointment for reason of being medically unfit. This Court once again records its thanks to the Medical Board headed by chest expert Prof. S.K. Jindal in taking out time to examine the petitioner when it was not part of their duty. By this order no disrespect for the Composite Hospital, Chandigarh is intended or meant. This Court has every respect for the doctors who examined the petitioner medically as they meant no harm and candidly expressed their opinion as best they understood Pulmonary/internal medicine. This Court accepted, as it could, only one of the two opinions presented before it as a more reliable one to secure the ends of justice for a glorified Dhobi going by a highsounding designation in ITBP of Constable (Washerman).
Order dasti.
Let a copy of this order be sent to the Medical Superintendent, PGI, Chandigarh for his record and for bringing it to the notice of the members of the Medical Board constituted for the purpose for help Mittal Manju 2013.12.12 14:19 I attest to the accuracy and integrity of this document Chandigarh CWP No.15706 of 2012 -6- extended to this Court to take a final decision in the matter one way or the other.
(RAJIV NARAIN RAINA) 03.12.2013 JUDGE manju Mittal Manju 2013.12.12 14:19 I attest to the accuracy and integrity of this document Chandigarh