Allahabad High Court
Shanu Choudhary vs State Of U P And 2 Others on 22 March, 2023
Author: Rajiv Joshi
Bench: Rajiv Joshi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 33 Case :- WRIT - A No. - 20953 of 2022 Petitioner :- Shanu Choudhary Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Rajiv Shukla,Vandana Shukla Counsel for Respondent :- C.S.C. Hon'ble Rajiv Joshi,J.
Heard Sri Rajiv Shukla, learned counsel for the petitioner and learned Standing Counsel for the respondents.
The instant writ petition has been filed for the following relief:
"(i) issue a writ, order or direction in the nature of mandamus commanding the respondent no.3 to get the petitioner medically re-examined by the Board of Doctors properly and authentically and declare his results on the basis of the outcome of the medical report and /or may be pleased to pass such other rand further order as this Hon'ble Court may deem fit an proper under the facts and circumstances of the case in the interest of justice."
Learned counsel for the petitioner submits that the petitioner was declared unfit for the reason that he was hearing impaired.
This Court vide order dated 28.02.2023 called for medical report, which is as under:
"Heard learned counsel for the petitioner and the learned standing counsel for the State-respondents.
At the very outset, learned counsel for the petitioner submits that on account of inadvertence, the petitioner has not impleaded the Additional Director, Medical and Health, Moradabad Division, District Moradabad as well as the Chief Medical Officer, District Moradabad and he further submits that he may be permitted to implead the said parties.
The Court has permitted the learned counsel for the petitioners to implead the said parites, who have been impleaded as respondents No.4 and 5 and are duly represented by the learned standing counsel.
Learned counsel for the petitioner has also carried out the necessary amendments during the course of the day.
This Court by means of the order dated 09.01.2023 had passed the following order, which read as under:-
"Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
Learned counsel for the petitioner submitted that earlier petitioner had applied for the post of Sub Inspector in Civil Police in Direct Recruitment-2020-21 bearing Roll No. LU1824250173 and thereafter he qualified for Preliminary and Mains Examination. He was issued letter dated 12.10.2022 for verification of original documents as well as for medical examination. Thereafter, petitioner has appeared in medical test on 22.10.2022, but in a casual manner, he was declared unfit on account of ear and hearing. Against which, he has preferred appeal before the Mandliya Chikitsa Parishad and also appeared before the Medical Board, but neither report has been provided nor he was issued appointment letter. He also submitted that he himself went to Government District Combined Hospital, Bijnor and got medically examined on 29.10.2022. According to report of Doctor, his hearing sensitivity is in normal limits.
Learned Standing Counsel is directed to place both the medical reports of petitioner conducted by the respondents within one week.
Put up this case as fresh on 16.1.2023."
In furtherance of the aforesaid order, learned standing counsel has provided a copy of the written instructions dated 25.01.2023 under the signatures of the Senior Superintendent of Police, Moradabad, which is taken on record.
The contention as indicated from the written instructions is that the petitioner was examined medically and was found to have a hearing impairment and was declared unfit. The same was also assailed before the Divisional Medical Board, who also came to the same conclusion holding the petitioner to be unfit.
In the aforesaid backdrop, the petitioner has filed the instant petition stating that the petitioner got himself medically examined at the District Hospital in Bijnor and has audiogram indicated that the petitioner had no hearing impairment in the normal limits.
It is also urged that the petitioner may be re-examined medically and outcome of the report may decide the the fate of the petition.
As per the contention of the learned standing counsel, it is urged that the report of the audiometry, which has been filed by the petitioner does not indicate with certainty that it belongs to the petitioner as neither his photograph nor his signatures has been attested. Moreover, it is urged that the audiometrist is not a doctor rather was a contractual employee of the hospital and, therefore, the same may not be treated to be authentic.
Be that as it may since the issue involves as to whether the petitioner does suffer from any hearing impairment, accordingly, this Court directs the respondent No.4 to constitute a fresh Board with an audiometrist and an E.N.T. Doctor, who would medically examine the petitioner on 13.03.2023 at 11.00 AM and the report of the Board shall be placed before this Court on 22.03.2023.
Learned standing counsel shall inform the respondent No.4 about the order passed today so that the necessary measures can be taken. The petitioner shall make himself available for the medical examination on 13.03.2023 at 11.00 AM along with a copy of this order. It is made clear that in case the petitioner does not turn up, he shall not be entitled for any indulgence from the Court.
List this matter again on 22.03.2023, as fresh."
In view of the aforesaid order, the medical examination of the petitioner was held on 13.3.2023 and learned Standing Counsel produced the medical report in the Court today, in which the petitioner found fit.
Copy of the medical report is taken on record.
In view of the above, competent authority is directed to take decision in the matter within a month and issue the appointment letter to the petitioner accordingly.
The writ petition is decided in terms of the medical report dated 13.03.2023.
Order Date :- 22.3.2023 Noman