Jairaj Prajapat v. Union Of India & ORS.

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11555/2021 & C.M.Nos.35656-35657/2021 JAIRAJ PRAJAPAT ..... Petitioner Through Mr.Siddharth Mittal with Mr.Prabhat Kumar, Advocates.

versus UNION OF INDIA & ORS.

..... Respondents Through Mr.Anurag Ahluwalia, CGSC for the respondents.

% Date of Decision: 08th October, 2021

CORAM:

HON'BLE MR. JUSTICE MANMOHAN HON'BLE MR. JUSTICE NAVIN CHAWLA MANMOHAN, J. (Oral) CM APPL. 35657/2021 Allowed, subject to all just exceptions.

Accordingly, the application stands disposed of. WPC 11555/2021 & CM APPL. 35656/2021 1.

Present writ petition has been filed seeking direction to the Respondents to re-examine and re-conduct medical test of the Petitioner under the supervision of an independent Medical Board having independent doctor or re-examine the Petitioner at R & R Hospital, New Delhi or AIIMS, New Delhi.

2.

Learned counsel for the Petitioner states that the Petitioner had earlier preferred a writ petition challenging the arbitrary act of the Respondents in conducting the Appeal Medical Board and this Court vide order dated W.P.(C) No.11555/2021 Page 1 of 3

1st September, 2021 had disposed of the petition with a direction to the Respondents to conduct a fresh medical examination by the Review Medical Board.

3.

He states that the Petitioner duly appeared before Review Medical th Board on 17 September 2021 where the attitude of the Respondents was hostile towards the Petitioner. He states that the Petitioner was then referred to AFCME where he was made to sit in a chilled air conditioned room from 10.00 am to 12.30 pm and thereafter immediately his BP and ECG were recorded. He states that low temperature results in increase of blood pressure and the Respondents knowingly adopted the said procedure to ensure that the Petitioner is unable to pass the medical examination. He emphasises that in the earlier test, blood pressure of the petitioner had been found within the normal range.

4.

It is settled law that this Court examines the decision making process and not the decision itself. In the present case, the matter had been remanded to the Review Medical Board so that the Respondents could conduct another ECG of the petitioner. In the opinion of this Court, the direction to conduct a fresh ECG would encompass the direction to reexamine the blood pressure of the petitioner. 5.

The allegation that the Petitioner was made to sit in a chilled air conditioned room for two hours does not impress this Court because if the Petitioner had been successful in his medical test, he could have been posted anywhere in India including Ladakh, where the temperature in winters goes below minus 20 degree. It is also pertinent to mention that no allegation of malafide has been made against any particular officer of the Respondents. W.P.(C) No.11555/2021 Page 2 of 3

6.

Consequently, as in the present case, the Petitioner has been reexamined by the Appeal/Review Medical Board, this Court is of the view that no further interference is called for in writ jurisdiction. 7.

Accordingly, the present writ petition along with pending application is dismissed.

MANMOHAN, J NAVIN CHAWLA, J OCTOBER 08, 2021 KA W.P.(C) No.11555/2021 Page 3 of 3