Vikash Kumar v. Union of India and Anr.

Delhi High Court · 18 Oct 2022 · 2022:DHC:4372-DB
Suresh Kumar Kait; Saurabh Banerjee
W.P.(C) 13714/2019
2022:DHC:4372-DB
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed the writ petition challenging the medical boards' declaration of the petitioner as 'Unfit' due to Cubitus Valgus and Umbilical Hernia, affirming the binding nature of medical fitness findings supported by original reports.

Full Text
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Neutral Citation Number 2022/DHC/004372
W.P.(C) 13714/2019
HIGH COURT OF DELHI
Date of Decision: October 18, 2022
W.P.(C) 13714/2019
VIKASH KUMAR ..... Petitioner
Through: Mr. Randhir Singh Kalkal, Advocate
VERSUS
UNION OF INDIA AND ANR. ..... Respondents
Through: Mr. T. P. Singh, SCGC with Mr. Vikrant Singh, Advocate
Mr. Hemendra Singh, DC (Law) BSF.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE SAURABH BANERJEE
JUDGMENT
(oral)

1. Pursuant to order dated 16.09.2022 passed by this court, respondents have produced the original medical report whereby it is established that in Preliminary Medical Examination Report, petitioner was declared ‘Unfit’ for two reasons i.e. (i) Cubitus Valgus (B/L) and (ii) Umbilical Hernia.

2. Thereafter, the same was challenged by the petitioner and accordingly he was directed to appear before the Review Medical Board. In Review Medical Board, the petitioner was examined for Hernia and declared ‘Unfit’ and with regard to Cubitus Valgus (B/L), he was declared ‘Unfit in Absentia’ as he did not get himself examined for the said disability.

3. Thus, it is established that he had appeared in the said medical Neutral Citation Number 2022/DHC/004372 W.P.(C) 13714/2019 examination, and that as per the report the petitioner is ‘Unfit’ for two counts as mentioned above.

4. Therefore, there is no merit in the petition which is accordingly dismissed.

(SURESH KUMAR KAIT) JUDGE (SAURABH BANERJEE)

JUDGE OCTOBER 18, 2022