Court No. - 38
Case :- WRIT - A No. - 10539 of 2019 Petitioner :- Brahma Nand Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Seemant Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 25.7.2019:-
"Learned Standing Counsel has obtained instructions in the matter, according to which petitioner has been declared medically unfit as he has been found suffering from Vertigo. Learned counsel for the petitioner places reliance upon Annexure-5, which is a certificate issued by S.N. Medical College, Agra, certifying that the petitioner does not from such ailment.
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, Etah on 29.07.2019. The petitioner shall deposit a sum of Rs.5,000/- as cost with the Chief Medical Officer, Etah. 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., Etah, who shall depute an officer of the rank of Additional Superintendent of Police to remain present before the Board on 29.7.2019. The petitioner shall also produce materials in support of his identity before the Medical Board. The petitioner shall appear before the Medical Board on 29.7.2019 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, Etah before this Court on or before 6.8.2019. 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?
Put up in the additional cause list on 6.8.2019."
Pursuant to the aforesaid order, learned Standing Counsel has obtained instructions from the Chief Medical Officer, Etah. As per the instructions, a Medical Board was constituted of three doctors and the petitioner was examined by the Board in presence of the Additional Superintendent of Police.
As per the report of three member committee, which has been produced in a sealed cover duly signed by them, petitioner does not suffer from vertigo. The report is also signed by the Additional Superintendent of Police, Etah.
From the materials placed before this Court, this Court is satisfied that petitioner has not been examined properly by the Medical Board and Appellate Medical Board and the action of the respondents in denying him appointment on the premise that petitioner is physically unfit cannot be sustained. A direction is issued to the concerned authority to consider petitioner's case, accordingly, for appointment within a further period of six weeks, thereafter.
This petition, therefore, succeeds and is allowed. Petitioner shall also be entitled to refund of Rs. 5,000/- deposited with the Chief Medical Officer in terms of the previous order of this Court. It would be open for the State to get the responsibility of erring person determined and recover the cost from such person.
Photocopy of the medical report has been retained by the Court while the original copy of the medical report is being returned to the learned Standing Counsel for necessary further action. Its copy shall also be supplied to the counsel for the petitioner by the learned Standing Counsel.
Order Date :- 26.8.2019 M. ARIF