RAHUL KUMAR vs UNION OF INDIA & ORS.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: February 27, 2024
+ W.P.(C) 2882/2024, CM APPL. 11834/2024
(60) RAHUL KUMAR
….. Petitioner
Through: Ms. Saahila Lamba, Adv.
versus
UNION OF INDIA & ORS.
….. Respondents
Through: Mr. Jagdish Chandra Solanki, Sr. PC with Mr. Vedansh Anand, GP with Mr. Francis Fernandes, Ms. Saakshi Yadav, Advs. for UOI with
Deputy Jag. Kamlesh Rani, (ITBP)
CORAM:
HON’BLE MR. JUSTICE V. KAMESWAR RAO
HON’BLE MR. JUSTICE SAURABH BANERJEE
V. KAMESWAR RAO, J. (ORAL)
1. This petition has been filed by the petitioner with the following prayers:
In the facts and circumstances of the case, it is most respectfully prayed that this Honble Court be pleased to:-
(i) Issue a writ of certiorari quashing Review Medical Examination Report dated 18.11.2023 whereby petitioner has been rejected in respect of recruitment on the post of Constable/Tradesman in Indo Tibetan Border Police qua an advertisement issued in the year 2022;
(ii) Issue a writ of mandamus directing the respondents to appoint the petitioner to the post of Constable (Cobbler) in Indo Tibetan Border Police;
(iii) Pass any such other orders as it may deem fit to this Honble Court in the facts and circumstances of the case.
2. The primary challenge in this petition is to the conclusion of the Review Medical Board dated November 18, 2023, whereby the petitioner has been found unfit for appointment to the post of Constable (Cobbler) on the ground that tattoo removal wart on right hand dorsally as per pg No.40 (3).
3. Ms. Saahila Lamba, learned counsel for the petitioner has drawn our attention to Annexure-P6 which is an order dated January 31, 2024 passed in W.P.(C) 14907/2023, wherein in paragraphs 3 and 6 we have referred to the Clauses 11(3)(b) and 3(c) of the Guidelines for Recruitment Medical Examination in Central Armed Police Forces and Assam Rifles, which reads as under:-
b) Location- tattoos marked on traditional sites of the body like inner aspect of forearm, but only LEFT forearm, being non saluting limb or dorsum of the hands are to be allowed.
xxx xxx xxx
(c) Scars and deformities of the fingers or hand that impair normal functioning/free movement of the fingers/hand to such a degree as to interfere with the satisfactory performance of combatised duties, are disqualifying.
4. Her submission is that the scar is on the right hand dorsally, the same shall not impair the normal functioning / free movement of the fingers / hand to such a degree as to interfere with the satisfactory performance of the combatised duties.
5. She submits that the conclusion of the Medical Board is mechanical without appreciating the guidelines issued by the respondents themselves.
6. On the other hand, learned counsel for the respondents on instructions submits that as of today, no vacancy is available in respect of the post in question and as such any order for constitution of Review Medical Board shall be an exercise in futility.
7. Suffice to state, the respondents shall constitute a fresh Review Medical Board and examine the hand of the petitioner within two weeks by giving four days advance notice to the petitioner, in terms of the guidelines as referred to above and take a final decision accordingly. If the petitioner is found fit, subject to availability of vacancies, further action shall be taken in respect of appointment of the petitioner in accordance with rules.
8. With the aforesaid, the writ petition is disposed of.
CM APPL. 11834/2024
Dismissed as infructuous.
V. KAMESWAR RAO, J
SAURABH BANERJEE, J
FEBRUARY 27, 2024/aky
W.P.(C) 2882/2024 Page 3