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Judgment
The petitioner is aggrieved by the Memorandum dated 18.04.2017, issued by the respondent No.1/SSC, declaring him medically unfit for recruitment
to the post of Sub-Inspector in the Delhi Police, CAPFs and Assistant Sub-Inspector in CISF Examination, 2016, on the ground that he had made a
partial liver donation four and a half year ago, which Memorandum has been upheld by the Review Medical Board, vide decision dated 17.07.2017.
Learned counsel for the petitioner states that vide Notification dated 09.01.2016, the respondents had invited applications for recruitment to the post
of Sub-Inspector in Delhi Police, CAPFs and Assistant Sub-Inspector in CISF Examination, 2016. Being eligible for the said post, the petitioner applied
for recruitment and had qualified in the written examination. Subsequently, the petitioner qualified the Physical Endurance Test (PET) held on
17.09.2016. Vide letter dated 24.03.2017, issued by the respondents, the petitioner was called upon to produce his documents for verification and
appears for a medical examination on 15.04.2017. It was in the said examination that he was declared medically unfit vide Memorandum dated
18.04.2017, on the ground that he had donated a part of his liver. The petitioner sought a review medical examination, which was allowed, but the
Review Medical Board also declared him unfit vide Memorandum dated 17.07.2017.
Learned counsel for the petitioner submits that the petitioner had donated a part of his liver from the right lobe, to his mother, for which he
underwent a surgery on 22.04.2013, at Apollo Hospital, New Delhi but now he was medically fit. After the petitioner had been issued the
Memorandum dated 18.04.2017, declaring him unfit, he had appeared for a medical examination on 21.04.2017, at Dr. RML Hospital, where he was
declared fit to join, vide certificate dated 22.04.2017. He submits that relying on the said certificate, the petitioner had asked for a review, which was
undertaken by the respondents on 15.07.2017, but again, he was declared unfit by the Review Medical Board, vide order dated 17.07.2017.
Learned counsel for the petitioner submits that thereafter, yet again, the petitioner had approached Kailash Hospital and Heart Institute, Noida, Max
Centre for Liver and Biliary Science, Delhi as also Fortis Escorts Liver and Digestive Disease Institute, Delhi for his medical examination and all the
said hospitals have issued certificates, declaring him as fit and observing that his liver has grown back to normal after resection. Learned counsel
submits that it would be appropriate if the petitioner is referred to an independent hospital for his medical examination.
Having regard to the fact that the petitioner has filed four certificates, one issued by a Government Hospital (Dr. RML Hospital) dated 22.04.2017
and three by private hospitals, i.e., Kailash Hospital and Heart Institute, Noida, Max Centre for Liver and Biliary Science, Delhi and Fortis Escorts
Liver and Digestive Disease Institute, Delhi) dated 24.09.2017, 26.09.2017 and 27.09.2017 respectively, we are of the opinion that the petitioner is
entitled to one more chance for establishing his medical fitness in respect of the liver transplantation that he had undergone in the year 2013, for which
purpose, it is deemed appropriate to direct the respondents to approach the Army R&R Hospital, Delhi for constituting a Medical Board to examine
the petitioner on the above aspect.
The R&R Hospital shall be at liberty to request a Specialist in the field from the Institute of Liver & Biliary Sciences, New Delhi, to be a part of the
said Board. The respondents shall communicate the date and time for the petitioner to appear before the Medical Board at R&R Hospital, for the
purpose of examination. The Review Medical Board at R&R Hospital shall submit its report directly to the respondents with a copy forwarded to the
petitioner. Both the parties shall be bound by the report of the R&R Hospital, which shall be treated as final.
It is further directed that if the Review Medical Board declares the petitioner as medically fit, then the respondents shall take immediate steps to
process his case, if found eligible in all other aspects, for appointment to the subject post. The entire process shall be completed as expeditiously as
possible, and preferably within four weeks from today.
The petition is disposed of alongwith the pending applications. DASTI to the counsels for the parties, under the signatures of the Court Master.