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2018 DIGILAW 1435 (DEL)

Deepak Pahal v. Staff Selection Commission

2018-05-21

HIMA KOHLI, PRATIBHA RANI

body2018
ORDER : 1. The present petitions have been filed by the petitioners praying inter-alia that the proceedings of the Review Medical Examination held on 15.07.2017 at STC, BSF Jodhpur, Rajasthan be quashed and the respondent/SSC be directed to declare them as qualified in the CISF examination 2016 for recruitment to the post of Sub-Inspectors in Delhi Police, CAPFs and Assistant Sub-Inspector. 2. Learned counsel for the petitioners submits that the petitioners had participated in the CISF Examination, 2016, advertised on 09.01.2016, as they were fulfilling all the eligibility conditions. The petitioners submitted online applications for the said Examination. The respondent vide its letter dated 26.08.2016, declared the petitioners provisionally qualified on the basis of performance in Paper I held on 05/06.06.2016 and PET/PST/Medical Examination Test held on 17.09.2016. The petitioners were declared qualified in the PET/PST in the result declared on 17.09.2016. 3. Subsequently, vide memorandum dated 10.04.2017 the respondent/SSC declared the petitioners unfit on the ground of hypertension. The petitioners filed an appeal against the said order before the Review Medical Board. On 15.07.2017, the Review Medical Board declared the petitioners unfit for the very same reason i.e. hypertension. Aggrieved by the said decision, the petitioners have filed the present petitions. 4. Counsel for the petitioners states that after his rejection by the Review Medical Board, the petitioner, Deepak Pahal (in W.P. (C) No. 6753/2017) got himself medically examined at Maharishi Valmiki Hospital and Hindu Rao Hospital and he was declared medically fit vide reports dated 28.07.2017 and 26.07.2017. The petitioner Vijay Malik (in W.P. (C) No. 6757/2017) also got himself examined at Ram Manohar Lohia Hospital and Hindu Rao Hospital and he was declared medically fit vide reports dated 21.07.2017 and 08.05.2017. 5. Learned counsels for the respondent/SSC state that given the fact that the petitioners have been declared fit by two Government hospitals, appropriate directions as may be deemed fit in the given circumstances may be issued by the Court. Learned counsels further submit that to obviate any scope of the petitioners being on medication for treatment of hypertension, which would camouflage the results, they would have to stay at a place designated by the respondent for a period of one week or more whereafter they shall be subjected to fresh medical examinations for hypertension. 6. Learned counsels further submit that to obviate any scope of the petitioners being on medication for treatment of hypertension, which would camouflage the results, they would have to stay at a place designated by the respondent for a period of one week or more whereafter they shall be subjected to fresh medical examinations for hypertension. 6. Counsel for the petitioners expresses an apprehension that once the respondent/SSC having once turned down the petitioners' candidature on the ground that they are medically unfit and arbitrarily declined to consider the reports given in their favour by the Government Hospitals at New Delhi, if they are admitted in a BSF Hospital, they may once again be disqualified them without looking into the merits of their case. 7. To allay the aforesaid apprehension, it is deemed appropriate to direct the respondent/ SSC to approach the Army Hospital (R&R), New Delhi, with a request to admit the petitioners for at least one week or a timeline considered necessary so that the effect of the medication, if any, that they might be taking for controlling hypertension, wears off and a clear picture emerges with regard to their medical condition. 8. The respondent/SSC is directed to take necessary steps within three weeks and give a written intimation of the date and time, on which the petitioners shall present themselves at the Army Hospital (R&R), New Delhi, for being admitted for a period of one week or more/less, as considered necessary. The reports of the Army Hospital (R&R) shall be forwarded directly to the respondent/SSC, who shall intimate the result thereof to the petitioners. The said reports shall be final and binding on both sides. In the event the said reports clear the petitioners of any hypertension/suspected hypertension, then the respondent/SSC shall take immediate steps to appoint them to the post of Sub-Inspectors in Delhi Police, CAPFs and Assistant Sub-Inspector in CISF Examination, 2016, in accordance with law. 9. The petitions are disposed of alongwith the pending applications. No orders as to costs.