Court No. - 38
Case :- WRIT - A No. - 7999 of 2019 Petitioner :- Vijay Kumar Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhakar Dwivedi,Deeptiman Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 2.7.2019:-
"Petitioner has been found to be medically unfit as he is stated to be suffering from colour blindness. Petitioner has submitted a medical certificate issued by King George's Medical University, U.P., Lucknow, as per which, petitioner does not suffer from colour blindness. It is therefore submitted that the medical opinion of the Board relied upon by the respondents is not reliable.
In somewhat similar facts and circumstances, a detailed order has been passed in Writ Petition No. 14726 of 2018 Sandeep Kumar Vs. State of U.P. and three others on 13.08.2018, entertaining similar contention of the petitioner. Reasons contained in the order dated 13.08.2018 is followed in this case also.
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, Basti on 08.07.2019. The petitioner shall deposit a sum of Rs.5,000/- as cost with the Chief Medical Officer, Basti. 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.S.P., Basti, who shall depute an official of the rank of Additional Superintendent of Police to remain present before the Board on 08.07.2019. The petitioner shall also produce materials in support of his identity before the Medical Board. The petitioner shall appear before the Medical Board on 08.07.2019 and he would be medically examination 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, Basti before this Court on or before 15th July, 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 as fresh on 15th July, 2019."
Pursuant to the aforesaid order, learned Standing Counsel has obtained instructions from the Chief Medical Officer, Basti. 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 colour blindness. The report is also signed by the Additional Superintendent of Police, Basti.
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.
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.
A direction is also issued to the concerned authority to conduct a fresh medical examination of the petitioner with regard to his fitness and to consider petitioner's case, accordingly, for appointment within a further period of six weeks, thereafter.
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. Its copy however, shall be supplied to the counsel for the petitioner by learned Standing Counsel.
Order Date :- 25.7.2019 Ranjeet Sahu