VIKAS SINGH  Vs UNION OF INDIA AND ANR.

W.P. (C) 11774/2 019 Page 1 of 3
$~Suppl. -35
* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P. (C) 11774/2019
VIKAS SINGH …..Petitioner
Through: Mr.Joby P. Varghese, Advocate.
Versus
UNION OF INDIA AND ANR. …..Respondents
Through: Mr.P.S.Singh, Advocate.

% Date of Decision: 28th January , 2021

CORAM:
HON’BLE MR. JUSTICE MANMOHAN
HON’BLE MS. JUSTICE ASHA MENON
J U D G M E N T

MANMOHAN , J (Oral)
1. The petition has been heard by way of video conferencing. :
2. Present writ petition has been filed challenging the order dated 28th
August 2018 and the subsequent R eview Medic al Board order dated 15th
3. Learn ed Counsel for the Petitioner states that the appointment of the
Petitioner to the post of Constable/GD with Respondent No.2 was rejected
by the Respondents only on the ground that the heart of the Petitioner is
situated on the right side instead of left ( Dextrocardia) . He submits that the
actions on the part of the Respondents is contrary to the rules of
October 2018 issued by Respondent No.2, whereby Petitioner was declared
unfit f or joining due to ‘Dextrocardia’. Petitioner further seeks a direction to
the Respondents to appoint the Petitioner to the post of Constable/GD .
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appointment, which stipulate that unless the medical abnormality is to such a
degree that it impedes the efficient discharge of duties, it will not be
considered to be a ground for rejection.
4. Learned counsel for the Petitioner submits that this Court in a similar
matter titled ‘Veena vs Secretary, Ministry of Home Affairs & Ors ” (Writ
Petition No.8013/2018) had directed the appointment of the Petitioner
therein, who was also suffering from the condition of Dextrocardia, to the
post of Head Constable (Typist) with Respondent No.2 on compassionate
grounds.
5. During the course of hearing, learned counsel for the Petitioner admits
that, in the event, the Medical Board to be constituted by Respondent No.2
concludes that the Petitioner’s congenital abnormality impedes efficient
discharge of his training/duties, he would not press his appointment to the
post of Constable/GD .
6. Issue notice . Mr.P.S.Singh , Advocate ac cepts notice on behalf of the
Respondents.
7. Rule 6(20) of the Guidelines for Recruitment Medical Examination in
Central Armed Police Forces and Assam Rifles states that a candidate can be
rejected if he/she suffers from “any congenital abnormality, so as to impede
efficient discharge of training/duties”.
8. In the present case, neither the order dated 28th August, 2018 nor the
Review Medical Board order dated 15th
9. Consequently, this Court directs the Respondent No.2 to constitute
another Review Medical Board within four weeks , with advance notice to October, 2018 state s that the
petitioner’s congenital abnormality acts as an impediment in discharge of his training/duties.
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the Petitioner. The Petitioner shall appear before the said Board as and
when directed .
10. The Review Medical Board after examining the Petitioner shall
clearly opine as to whether the Petitioner’s congenital abnormality namely
‘Dextrocardia’ impedes the efficient discharge of his training/duties.
11. Let the opinion of the Review Medical Bo ard, after examination of
the Petitioner, be communicated in writing to him within four weeks.
12. With the aforesaid liberty, the present writ petition stands disposed of.
13. The order be uploaded on the website forthwith. Copy of the order be
also forwarded to the learned counsel through e -mail.

MANMOHAN, J

ASHA MENON, J
JANUARY 28, 2021
KA

2021:DHC:327-DB