Supreme Court - Daily Orders
Dharmvir Singh vs The State Of Uttar Pradesh on 19 July, 2019
Bench: Uday Umesh Lalit, Vineet Saran
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Writ Petition(s)(Civil) No(s). 444/2019
DHARMVIR SINGH Petitioner(s)
VERSUS
THE STATE OF UTTAR PRADESH & ANR. Respondent(s)
O R D E R
Heard learned counsel for both sides. In the selection process undertaken for the posts of Sub- Inspectors, U.P. Police, the petitioner had qualified in five stages of the examination (Physical Standard Test, Preliminary Written Test, Physical Efficiency Test, Main Written Test and Group Discussion) and was thereafter subjected to normal medical examination.
It was found that the petitioner was suffering from medical problem known as DNS (Deviated Nasal Septum). On a representation made by the petitioner, the petitioner was again medically examined by Medical Board which affirmed the findings and found him to be Signature Not Verified unfit Digitally signed by INDU MARWAH on account of the aforesaid medical condition. The Date: 2019.07.25 17:58:17 IST Reason:
candidature of the petitioner was thus rejected. Challenging the action on the part of the respondents, present petition under 2 Article 32 of the Constitution of India has been filed by the petitioner with following prayers:
“a) Issue a writ, rule, order or direction in the nature of Mandamus directing the respondents to refer the petitioner for medical re-examination by the Medical Board for his temporary unfitness;
b) Pass such further order(s) as this Hon’ble Court deems fit and proper in the facts and circumstances of the case.” This Court issued notice on 12.04.2019 whereafter a reply has been filed on behalf of the State.
It is true that the petitioner was examined twice over and was found to be medically unfit. However, considering the nature of ailment and medical condition, the issue appears to be remediable and not of any permanent character.
We therefore, allow this writ petition and direct the respondent- authorities to constitute a fresh Board of Medical Professionals who may undertake medical examination of the petitioner afresh. Let a Medical Board of three medical professionals having expertise in the field be constituted by the Director of K.G.M.U., Lucknow.
The medical board upon being constituted, may send an appropriate communication to the petitioner with 7 days, notice to appear before the Medical Board. The decision taken by the Medical Board as regards the medical condition and fitness of the 3 petitioner shall be binding on either side. Let the entire exercise be completed within a month. With these observations, this writ petition is allowed.
……......................J. (UDAY UMESH LALIT) .......................J. (VINEET SARAN ) New Delhi July 19,2019.
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ITEM NO.46 COURT NO.8 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 444/2019
DHARMVIR SINGH Petitioner(s)
VERSUS
THE STATE OF UTTAR PRADESH & ANR. Respondent(s)
(IA No. 57362/2019 - EXEMPTION FROM FILING O.T.) Date : 19-07-2019 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE VINEET SARAN For Petitioner(s) Mr. Anurag Dubey, Adv.
Mr. Rajesh Pathak, Adv.
Mr. Abhishek Chakraborty, Adv. Mr. Hemant Kr., Adv.
Mr. Shirsh Kr., Adv.
Mr. Pramod Kr., adv.
Mr. Sumit Kumar, AOR For Respondent(s) Mr. Prashant Singh, Adv.
Mrs. Swarupama Chaturvedi, AOR UPON hearing the counsel the Court made the following O R D E R Heard learned counsel for both sides.
This writ petition is allowed in terms of the signed order.
(INDU MARWAH) (SUMAN JAIN) COURT MASTER BRANCH OFFICER
(Signed order is placed on the file)