Ravi Kumar vs Commissioner Of Police And Ors

Nita Chowdhury, Member (A)

Heard learned counsel for the applicant.

By filing this OA, the applicant is seeking the following reliefs:-

"a) Quash and set aside the impugned order dated 07.03.2019 placed at Annexure A/1.

b) Direct the respondents to further consider and appoint the applicant to the post of Constable (Exe.) (Male) in Delhi Police.

c) If so required, the respondents be directed to get an independent medical board constituted either at Central Government Hospital or any other Delhi Government Hospital of repute and get the applicant re-examined in respect of his colour vision.

d) Accord all consequential benefits, including back wages and

e) Award costs of the proceedings ; and

f) Pass any order/relief/direction(s) as this Hon‟ble Tribunal may deem fit and proper in the interest of justice in favour of the applicants.

The applicant in this case is aggrieved by the impugned order dated 7.3.2019 vide which they have cancelled the candidature of the applicant for the post of Constable (Exe.) Male in Delhi Police in view of initial and second medical board decision who declared him medically unfit on account of „Colour Vision Defective‟. For proper appreciation of the decision, we think it appropriate to reproduce the contents of the impugned order dated 7.3.2019, which is as under:-

"You candidate Shri Ravi Kumar, Roll No.2201320369 was selected provisionally for the post of Constable (Exe.) Male in Delhi Police-2016, subject to medical fitness, verification of character & antecedents and final checking of documents etc.

You were directed vide this office No.890-31/10/R.Cel (R-I) Const. dated 23.02.2018 to report to the Medical Superintendent Sanjay Gandhi Memorial Hospital on 19.03.2018 for your medical examination. You were medically examined at Sanjay Gandhi Memorial Hospital on 19.03.2018. You were declared unfit on account of "Partial Colour Blindness". You were informed vide this office No. 38434-624/R. Cell (R-I) Const. dated 26.06.2018 through Regd. Post about your medical unfitness and also that to prefer an appeal for the constitution of a Medical Board for your re-medical examination within one month from the date of issue of the letter mentioned above along-with two certificates issued by two different medical specialists of the disease, if so desire. On your appeal a Special Medical Board was constituted at Lok Nayak Hospital, New Delhi for your second medical examination. Accordingly, you were informed vide this office No.52259-588/r.Cell (R-1) const. dated 06.12.2018 to report at Guru Nanak Eye Center, New Delhi for your second medical examination on 14.12.2018. You were medically examined by the Special medical Board Guru Nanak Eye Center, New Delhi and were again declared unfit on account of "Colour Vision Defective" as intimated by Chairman Medical Board, Lok Nayak Hospital. Accordingly, your case was examined and you were issued a show cause notice vide this office no.1112/R.Cell (R-I) Const. dated 12.02.2019 through Regd. Post, as to why your candidature for the post of Constable (Exe.) Male in Delhi Police-2016 should not be cancelled for the reasons mentioned therein by giving 10 days time to show cause notice. You have submitted your reply stating therein that you have been medically examined at various medical authorities including Lal Bahadur Shastri Hospital and were declared fit. Hence, you are not satisfied with the opinion of the Medical Board, LNJP Hospital and further requested for 3rd Medical examination. Your request for conducting 3rd medical examination has been considered in detail but could not acceded to. Therefore, your candidature for the pot of Constable (Exe.) Male in Delhi Police-2016 is hereby cancelled with immediate effect."

From the aforesaid order of the respondents, it is quite clear that on an appeal preferred by the applicant, the respondents have constituted the second Special Medical Board and the applicant was admittedly examined by the said Special Medical Board of Guru Nanak Eye Centre, New Delhi, which is an institution having specialization in the field of eye care services, and the said Board again declared the applicant as unfit on account of "Colour Vision Defective". The second Special Medical Board consists of Specialists, being an independent body, and has taken an independent decision with regard to suitability of the applicant having regard to the nature of the duties to be performed by the applicant, if he is so appointed to the post in question. Therefore, the decision arrived at by the said Second Medical Board vide report dated 14.12.2018 cannot be interfered with by this Tribunal in exercise of its power of judicial review. Further there is no provision in the rules to conduct 3rd medical examination in view of the conclusion arrived by the initial as well as second medical Board in the case of the applicant.

It is relevant to note that the Hon‟ble Supreme Court of India in the case of Secretary, Ministry of Defence & Ors. v. Damodaran A.V.(Dead) through LRs, 2009(13) SCR 416, wherein it was held that the Medical Board is an expert body and its opinion is entitled to be given the due weightage while examining the medical issues. In this case, initial stage of medical examination conducted by Medical Board, the applicant was declared unfit and was given an opportunity to prefer an appeal. On an appeal preferred by the applicant, a Special Medical Board was constituted for this purpose, which consisted of Specialists. This Special Medical Board of Guru Nanak Eye Centre, recorded the finding vide Result dated 14.12.2018 declaring him again medically unfit for the post in question. As such there is no ground to interfere in this case.

In the result, for the foregoing reasons, we do not find any merit in the present case and the same is accordingly dismissed. There shall be no order as to costs.