W.P.(C) 17612/2022 & CM APPL.56339/2022 (for interim relief)
GAURAV BAISOYA v. UNION OF INDIA AND ORS.
In the current writ petition, the petitioner seeks directions to the respondents to carry out the medical examination of the petitioner once more from an independent board of doctors. This board including the specialist doctors for further completion of the medical examination of the petitioner. He also prays to keep the post vacant till the disposal of the present writ petition. The current petition before the HON’BLE MR. JUSTICE SURESH KUMAR KAIT and HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA.
FACTS OF THE CASE:
The petitioner had applied for the post of Assistant Commandant in Coast Guard (Ministry of Defence).
Petitioner qualified the written test.
On 20.08.2022, petitioner had to appear before the Special Medical Board for medical examination and was declared unfit on the grounds of “COMPLEX CYSTIC LESION RT KIDNEY”.
Because of the above result the petitioner appeared before the Appellate Medical Board on 12.10.2022 and was again declared unfit on account of “RT PARAPELVIC CYST”.
On 03.11.2022, petitioner got an examination done at his own expenses at AIIMS, Delhi. This report of ULTRASOUND ABDOMEN stated the impression, “Right simple renal conical cyst” and the Diagnosis being “Right simple renal conical cyst.”
After the above results the petitioner again approached the Review Medical Board and was again declared unfit. On this occasion it was on account of “A 14X16X15.3mm Bosniak II cyst mid pole right kidney” and the same was conveyed to the petitioner through an e-mail on 16.12.2022.
The learned council of the petitioner submitted the various reports to the Court and is of the contention that reports of Special Medical Board on 20.08.2022, Appellate Medical Board on 12.10.2022, Review Medical Board dated on and AIIMS, Delhi on 03.11.2022 are contradictory in nature to each other.
The learned counsel for petitioner on the instructions of his client prayed for a specialist Board be constituted and petitioner be examined again.
The Court without commenting on the opinion of the above mentioned reports, directed the in-charge of R&R Hospital, Delhi to form a Board of specialist doctors and examine the petitioner within three weeks.
The petitioner must agree with the report of the R&R Hospital that will be generated after the new examination and shall be final and binding and it will not be challenged further.
The Court stated that if the report of R&R Hospital, Delhi, states that the petitioner is found to be fit, and then the petitioner shall be allowed to join the selection process. But if the report renders negative results then that would be final and binding upon the parties. Thus disposing the current petition and the pending application.
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JUDGEMENT REVIEWED BY ADITYA G S.