Sh. Manish Kasana v. Union of India

1. Exemption allowed, subject to all just exceptions.

2. The application is accordingly disposed of. W.P.(C) 7392/2022 & CM APPL. 22617/2022 (Stay)

3. The present petition has been filed seeking the following reliefs: a) to quash and set aside the Result of the Detailed Medical Board dated 23.04.2022 and Review Medical Examination dated 25.04.2022 whereby the candidature of the Petitioner is rejected because of unfitness on account of Phimosis; b) to direct the Respondents to constitute a Review Medical Board and to re-examine the Petitioner and if he is found fit, the Petitioner be given appointment to the post of Sub- Inspector in accordance with his merit; 2022:DHC:2049-DB and/or c) to hold that 'Phimosis' is not a ground for declaring the Petitioner unfit for the post of Sub-Inspector in Delhi Police/ CAPF;

4. Pursuant to the Advertisement dated 17.06.2020, the petitioner appeared in the selection process to the post of Sub-Inspector and he has provisionally qualified the said process. Thereafter on 23.04.2022, the petitioner was called before the Detailed Medical Board wherein he was found unfit on the ground of ‘Phimosis’. Thereafter the petitioner again appeared before the Review Medical Board on 25.04.2022 wherein the petitioner was again rejected because of unfitness on account of ‘Phimosis’.

5. Counsel appearing on behalf of the petitioner submits that though both the Boards have declared the petitioner unfit on account of ‘Phimosis’, but ‘Phimosis’ is a curable disease and is not a ground for declaring the petitioner unfit for the service.

6. Counsel appearing for the respondents on advance notice had opposed the present petition and submits that two Medical Boards have already examined and found the petitioner unfit on account of ‘Phimosis’, therefore, the present petition is not maintainable.

7. Keeping in view the averments in the present petition and the submissions made by counsels for the parties, justice would be met if we refer the petitioner to the independent Board of Army Hospital Research & Referral (RR Hospital) for re-examination and if the petitioner is still found unfit on account of ‘Phimosis’ or any other medical condition, the opinion of the said Board shall be final and no further opportunity shall be given to the petitioner. If the petitioner is otherwise found fit for the post of Sub- Inspector in question, the respondent shall consider his case for further selection process.

8. The petition is hereby disposed of directing the Registrar of the RR Hospital to constitute a Board and examine the petitioner and the report of the same shall be conveyed to the petitioner within 3 days of the examination. The respondents shall take the date from the said Hospital and convey the same to the petitioner and the petitioner is directed to appear on the date to be given by the respondents without any further extension.

(SURESH KUMAR KAIT) JUDGE (SUDHIR KUMAR JAIN)

JUDGE MAY 13, 2022