Rohitash Kumar v. Union Of India & ANR

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13589/2019 ROHITASH KUMAR ..... Petitioner Through:

Mr. H.K. Shekhar and Mr. N.L.

Suman, Advocates.

versus UNION OF INDIA & ANR ..... Respondents Through:

Mr. Naginder Benipal and Mr.

Naveen Chaudhary, Advocates.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 15.01.2020

1. The Court has perused the original medical record. It is seen that in the initial medical examination of the Petitioner that was conducted on 9th July, 2019, the Petitioner was found unfit on two counts namely, „flat foot‟ and „defective vision‟, inasmuch as the vision reading of his left eye was 6/12.

2. In the Review Medical Examination („RME‟) that took place on 1st October, 2019, he was found fit as far as „flat foot‟ was concerned. However, as regards his vision in both eyes the reading was 6/9. The requirement is that the Petitioner‟s vision reading in the better eye be 6/6, with 6/9 being permissible in the worse eye. Since in both eyes, the measurement is 6/9, the Petitioner was declared unfit.

3. Learned counsel for the Petitioner submitted that the Petitioner should be

sent for a second RME. He refers to a report of the medical examination of the Petitioner dated 7th October, 2019 issued by Savai Mansingh Hospital, which records the Petitioner‟s vision reading in both eyes to be 6/6.

4. The Court is not persuaded that on the basis of the said document, the readings in both eyes, as determined during the initial examination and the RME, should be doubted. There is no ground made out for a second RME.

5. In that view of the matter, no relief can be granted to the Petitioner. The petition is accordingly dismissed.

S.MURALIDHAR, J.

TALWANT SINGH, J.

JANUARY 15, 2020 nk