Candidate disqualified from Constable/Driver recruitment on medical grounds (Pre Sternal Keloid) sought re-medical examination and reconsideration. Court held the guidelines clearly state keloid formation interferes with wearing equipment; further examination would serve no purpose. Petition dismissed.
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*** IN THE HIGH COURT OF DELHI AT NEW DELHI** % Date of decision: January 10, 2024
(40) HEMANT MORYA ..... Petitioner
Through: Mr. U Srivastava, Adv.
versus
UNION OF INDIA AND OTHERS ..... Respondents Through: Ms. Archana Sharma, SPC with Ms. Seema Singh, Govt. Pleader with SI Prahlad, SI Amit Kumar and SI L.M. Sang for CISF / R1 to R3.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE SAURABH BANERJEE
V. KAMESWAR RAO, J. (ORAL)
prayers:
“In the facts and circumstances mentioned in the above paras it is therefore most respectfully prayed that the Hon’ble High Court may be graciously pleased to pass an order: -
(a) Directing the respondents to place the relevant records pertaining to the present writ petition for the proper adjudication in the matter.
(b) Declaring the actions of the respondents not to entertaining the request of the petitioner for re-medical examination as the petitioner after getting declared unfit in detailed medical examination, upheld in review medical examination dt. 01.01.24 on account of Pre Sternal Keloid visited to other different hospitals on dt. 02.01.24 including V.M.M.C. & Safdarjung Hospital, New Delhi & A.I.I.M.S. Hospital wherein after thorough
Signature Not Verified
Digitally Signed By:ANIL KUMAR Signing Da te:1 2.01.2024 16:45:29
W.P.(C)314/2024
Page 1
medical examination categorically declared fit respectively, is as illegal, unjust, arbitrary, malafide, mechanical, against the principles of natural justice, violative of article 14, 16 & 21 of the Constitution of India and against the mandatory provisions of law.
(c) Directing the respondents to re-consider the candidature of the petitioner for recruitment to the post of Constable (Driver & DCPO) in view of the specific and categorical recommendations, and process for further recruitment, if found fit after conducting re-medical examination as settled by the Hon’ble CAT (PB), New Delhi in OA. No. 2007/2023, OA No. 3138/2022 as well as by the Hon’ble Delhi High Court in WP(C) No. 8666/2021, WP(C) No. 7412/2022 and WP(C) No. 16502/2023 accordingly, in the interest of justice.
(d) Allow the writ petition of the petitioner with all other consequential benefits and costs.
(e) Any other fit and proper relief may also be granted.”
Signature Not Verified
Digitally Signed By:ANIL KUMAR Signing Da te:1 2.01.2024 16:45:29
W.P.(C)314/2024
Page 2
unfit because as per the guidelines, Para g(XII)(B) it is clear that Keloid formation interferes with the proper wearing of the equipment. This conclusion of the Board has not been contested.
CM APPL. 1468/2024
Dismissed as infructuous.
V. KAMESWAR RAO, J
SAURABH BANERJEE, J
JANUARY 10, 2024/ jg
Signature Not Verified
Digitally Signed By:ANIL KUMAR Signing Da te:1 2.01.2024 16:45:29
W.P.(C)314/2024
Page 3
1 issue framed by the court
Should the petitioner be referred to a fresh Medical Board despite disqualification for Pre Sternal Keloid under the recruitment medical guidelines?
3 provisions across 1 enactments
HEMANT MORYA
UNION OF INDIA
V. KAMESWAR RAO
SAURABH BANERJEE
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
