Aman Kumar Jha v. Union Of India And ORS

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 22.08.2023 + W.P.(C) 10995/2023 & CM APPL. 42619/2023 AMAN KUMAR JHA ..... Petitioner versus UNION OF INDIA & ORS.

..... Respondents Advocates who appeared in this case:

For the Appellant:

Mr. Raghunath Pathak, Mr. Kailash Kr. Jha, Mr. Aditya, Mr. Akhil Rexwal, Mr. Anjani Mishra, Mr. Deepak and Ms. Shweta Priya, Advocates For the Respondents:

Ms. Ritu Reniwal, Senior Panel Counsel with Mr. Kristen Sleeth, Advocate for UOI CORAM:- HON'BLE MR. JUSTICE SANJEEV SACHDEVA HON'BLE MR. JUSTICE MANOJ JAIN

JUDGMENT

SANJEEV SACHDEVA, J. (ORAL) 1.

Petitioner impugns the medical examination report dated 05.08.2023 whereby petitioner has been declared unfit on the ground of having Haemorrhoid, Grade-I.

2.

Learned counsel for the petitioner refers to the Revised Uniform Guidelines for Review Medical Examination in Central Armed Police Force and Assam Rifles dated 31.05.2021 wherein it is W.P.(C) 10995/2023 Page 1 of 2 By:RASHIM KAPOOR 12:58:56

stipulated in paragraph III, 3(f), (iii) (3) - Haemorrhoid (internal or external) with evidence of bleeding, is disqualifying. 3.

We observe from the medical report that though the experts have opined that petitioner suffers from Haemorrhoid, Grade-I, there is no opinion as to whether there is any evidence of bleeding which has been stipulated as a disqualifying condition. 4.

Accordingly, we deem it expedient to direct the respondent to conduct a fresh medical examination of the petitioner in accordance with the above referred guidelines.

5.

It is agreed between the parties that the decision of the Review Medical Board directed by this order shall be final and both parties shall accept the same. In case the report is in favour of the petitioner, consequential further steps shall be taken by the respondent in accordance with law.

6.

The petition is disposed of in the above terms. 7.

Order dasti under signatures of the Court Master. SANJEEV SACHDEVA, J AUGUST 22, 2023 MANOJ JAIN, J 'rs'

W.P.(C) 10995/2023 Page 2 of 2 By:RASHIM KAPOOR 12:58:56