Paramjeet v. Union Of India & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8280/2016 and CM APPL. 34285/2016 PARAMJEET ..... Petitioner Through: Mr. Abhijat with Mr. Nikhil Parikshith, Advocates versus UNION OF INDIA & ORS ..... Respondents Through: Mr. Satyendra Kumar, SCGC

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE P.S. TEJI

O R D E R

% 09.02.2018 1.

On 24.01.2015, the respondent No.2/SSC had issued an advertisement inviting applications for recruitment to the post of Constable (GD) in the CAPFs, NIA and SSF and Rifleman (GD) in Assam Rifles. The petitioner had applied for appointment to the said post. After qualifying in the written examination, the petitioner appeared for his medical examination on 18.05.2016.

On 19.05.2016, the petitioner was handed over a "Memorandum Unfit" by the Medical Officer of the respondent No.3/CRPF, wherein he was informed that he was suffering from (i) A big Keloid on the dorsal aspect of left upper arm and (ii) loss of hair on all the body parts. On 28.05.2016, the petitioner of his own visited Sardarjung Hospital, New Delhi and got himself examined by a Dermatologist, who declared him fit by observing that Alopecia Areata is not a disease and would not affect his performance.

2.

Armed with the aforesaid report, the petitioner preferred an appeal for his re-examination before a Review Medical Board within the prescribed timeline.

As per the prescribed procedure, before convening a Review Medical Board in respect of the petitioner, he was required to be examined by a doctor at a Government Hospital. Accordingly, the officers of the respondent No.3/CRPF had taken the petitioner to Safdarjung Hospital, New Delhi, where he was examined by the very same doctor, who he had approached on his own. The said doctor again declared the petitioner to be physically fit. Despite receiving the said fitness certificate, when the petitioner appeared before the Review Medical Board on 01.09.2016, he was declared unfit. Hence, the present petition.

3.

On 12.09.2017, having regard to the contention of the counsel for the petitioner that a Specialist/Dermatologist at the Government Hospital, namely, Safdarjung Hospital had opined that the petitioner was fit and Alopecia Areata is not a disease that would affect his performance, it was deemed appropriate to direct that the petitioner be examined at the Army R&R Hospital, Delhi Cantt. to establish as to whether he is suffering from Alopecia Aareata or Alopecia Aareata Universalis. The opinion of the specialist doctor at Army R&R Hospital was directed to be produced on the next date of hearing.

4.

Today, learned counsel for the respondents hands over a letter dated 19.12.2017 received from Army R&R Hospital, New Delhi, along with a report that states that the petitioner is suffering from Alopecia Areata Universalis and is therefore unfit for being recruited. The said report duly

signed by three doctors is handed over by the counsel for the respondents and taken on record.

5.

In view the aforesaid report, the present petition is dismissed alongwith the pending application.

HIMA KOHLI, J P.S. TEJI, J FEBRUARY 09, 2018 rkb/sk