Court No. - 36
Case :- WRIT - A No. - 17658 of 2021
Petitioner :- Shobhana Yadav
Respondent :- Union Of India And 2 Others
Counsel for Petitioner :- Satyendra Narayan Singh,Shashi Kant Mishra
Counsel for Respondent :- A.S.G.I.
Hon'ble Saral Srivastava,J.
Supplementary affidavit filed today is taken on record. Heard learned counsel for the parties.
The petitioner by means of the present writ petition has prayed for the following main reliefs:-
"i. Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to call the petitioner for conducting the re-medical examination of hulluz valgus.
ii. Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to consider the application of petitioner dated 1411.2021 for re-medical examination of Sub Inspector (C.P.O.)-2019 of hullux valgus within stipulated time."
The petitioner pursuant to an advertisement for selection on the post of Sub-Inspector-2019 New Delhi submitted online application for being considered on the said post.
The petitioner appeared in the preliminary examination, physical examination and mains examination. She qualified the main examination and was called for medical examination at Composite Hospital SSB, FCI Complex, Gorakhpur U.P. on 28.10.2021. On the medical examination, the petitioner was found unfit on account of hallux valgus. Thereafter, petitioner has submitted application before the review medical board for re-medical examination which was conducted on 08.11.2021 in which she was again found unfit on account of 'Hallux Valgus'.
The petitioner in the writ petition has enclosed the report of District Hospital, Jaunpur dated 10.11.2021 and report of Swaroop Rani Nehru Hospital, Prayagraj dated 16.12.2021 to contend that she has wrongly been declared unfit in the medical examination as well as in the review medical examination.
Besides above, petitioner has also enclosed report of private doctors to contend that report of medical board as well as review medical board is not correct, and as such her re-medical examination shall be conducted.
Be that as it may, the petitioner has not brought on record the report of medical board of Staff Selection Commission. However, from the perusal of report of review medical board dated 08.11.2021, it is evident that Review Medical Board constituted for examining the petitioner consisted of three doctors, who after examining the petitioner found her suffering from 'Hallux Valgus' and not fit for the post of Sub-Inspector.
Learned counsel for the petitioner has not placed any material on record to demonstrate that report of Medical Board as well as Review Medical Board is erroneous or incorrect. This Court in the case of (Ankit Kumar Vs. State of U.P. And 3 Others) in Writ-A No.5668 of 2021 has held that the opinion given by the Medical Board as well as Review Medical Board should not be taken lightly and should be given due credence and it should not be annulled or set aside on the basis of the report of some private doctor or by a government hospital obtained by a candidate from outside.
The judgement of this Court in the case of Vandana and Others Vs. State of U.P. and Others 2016 (8) ADJ 1 and judgement of Delhi High Court in the case of Archit Sharma Vs. Central Reserve Police Force and Others in W.P. (C) 13138 of 2021 relied upon by the learned counsel for the petitioner in support of his case are not applicable in the facts of the present case.
Since, the controversy involved in the present writ petition has already been decided by this Court in the case of Ankit Kumar (supra), therefore, present writ petition is also dismissed with no order as to cost.
Order Date :- 20.12.2021 Sattyarth