Court No. - 38
Case :- WRIT - A No. - 6720 of 2019 Petitioner :- Abhishek Shukla Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Kaushal Kumar Pandey,Anand Ji Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Learned Standing Counsel has obtained instructions, according to which, petitioner suffers from hearing impairment and, therefore, has not been found fit for the post in question.
Learned counsel for the petitioner places reliance upon a certificate issued by Chief Medical Officer Baharaich, according to which, petitioner does not suffer from any infirmity. Submission is that the Medical Board and Appellate Medical Board are not right in declaring the petitioner to be medically unfit.
This Court in somewhat similar facts and circumstances has considered the issue which arises in the facts of the present case and reasons have been recorded in the order dated 13.8.2018 passed in Writ A No. 14726 of 2018 (Sandeep Kumar Vs. State of U.P. and Others) for petitioner's grievance to be entertained. The reasoning assigned in the said order is followed here as well.
In such circumstance, it would be appropriate to provide that the petitioner shall appear, along with a certified copy of this order, before the Chief Medical Officer, Moradabad on 5.8.2019. The petitioner shall deposit a sum of Rs.5,000/- as cost with the Chief Medical Officer, Moradabad. The Chief Medical Officer would constitute a Medical Board consisting of three Specialist in the field of the level of Professor and associates Professors available at the local District Hospital. The C.M.O. shall also inform the S.P., Moradabad, who shall depute an officer of the rank of Additional Superintendent of Police to remain present before the Board on 5.8.2019. The petitioner shall also produce materials in support of his identity before the Medical Board. The petitioner shall appear before the Medical Board on 5.8.2019 and he would be medically examined by the Board of three doctors on the question as to whether the petitioner is medically fit in terms of the Rules, 2015. The report signed by the Chairman of the Board would be sent through the Chief Medical Officer, Moradabad before this Court on or before 13.8.2019. This report would constitute the basis for the Court to determine as to whether the report of the Medical Board and the Appellate Medical Board is liable to be questioned or not?
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Order Date :- 30.7.2019 Ranjeet Sahu