Billu Gurjar v. Union of India & Anr

Delhi High Court · 01 Apr 2025 · 2025:DHC:2311-DB
C. Hari Shankar; Ajay Digpaul
W.P.(C) 4015/2025
2025:DHC:2311-DB
administrative petition_allowed

AI Summary

The Delhi High Court directed a fresh medical examination for a CRPF constable applicant disqualified on unclear grounds of jaundice, emphasizing clarity in medical fitness reports.

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W.P.(C) 4015/2025
HIGH COURT OF DELHI
W.P.(C) 4015/2025 & CM APPL. 18627/2025
BILLU GURJAR .....Petitioner
Through: Mr. A.K. Trivedi, Adv.
VERSUS
UNION OF INDIA & ANR .....Respondents
Through: Mr. Sandeep Tyagi, Sr. PC
WITH
Mr. Anubhav Tyagi, GP and Mr. Sanskar Pradhan, Adv. for UOI.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE AJAY DIGPAUL
JUDGMENT
(ORAL)
01.04.2025 C. HARI SHANKAR, J.

1. The petitioner applied for the post of Constable-Bugler in the CRPF[1]. Despite having cleared all other steps, he was declared unfit for appointment by the Review Medical Board[2].

2. Challenging the said decision, the petitioner has approached this Court by means of the present writ petition, seeking that his case may be referred to a fresh Medical Board. Central Reserve Police Force “RMB” hereinafter

3. The case set up by the petitioner in his writ petition is that the petitioner has been disqualified only on the ground the he suffers from jaundice, which is a curable ailment.

4. As against this, Mr. Sandeep Tyagi, learned Senior Panel Counsel for the respondents, submits that the petitioner has been disqualified on several grounds, mentioned in the RMB Report.

5. We are constrained to observe that the RMB Report has been written in a manner in which it is impossible to understand the exact ground for treating the petitioner as medically unfit. There are scribbled works across the page, with no specific identification of the actual cause for holding the petitioner to be unfit.

6. Be that as it may, at the foot of the Review Medical Board Report, it has been noted “unfit d/t[3] Jaundice” with the word “UNFIT” written in bold, capitals and in a square.

7. It is possible, therefore, to interpret this report as having declared the petitioner as unfit only due to jaundice.

8. Jaundice is classically curable, and the respondent may have to examine whether it would be appropriate to reject the petitioner on the ground that he suffers from jaundice alone.

9. Nonetheless, in order to avoid any misgivings on that score, we Due to deem it appropriate to direct that the petitioner be subjected to one more medical examination to be conducted by the respondents within a period of one week from today.

10. The petitioner would be bound by the report of the said medical examination. The examination would restrict itself to the disabilities/ailments from which the petitioner had earlier been found to be suffering.

11. Needless to say, if the petitioner is found to be medically fit, he would be considered for appointment as Constable-Bugler, in accordance with his merit.

12. The writ petition is, accordingly, disposed of.

C. HARI SHANKAR, J.