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Judgment
O R D E R
By Order : Hon’ble Dr. Sumeet Jerath, Member (A)
By way of the present OA, the applicant has challenged the decision of the respondents whereby he has been declared unfit for the post of Delhi Police Constable (Executive) Male. After the applicant was provisionally selected, a medical examination was conducted and he was declared unfit on the ground of “Hypertension” and “Undesendent Testis”. A review medical examination was also conducted on 21.01.2024, wherein the doctors declared him unfit on account of “Small Undesendent Testis at External Infernal ring (left)”. Thereafter, the applicant has got himself examined at a private hospital whereby he was declared medically fit.
Learned counsel for the applicant, at the outset, draws attention to decision of the Coordinate Bench of this Tribunal in OA 1014/2024, wherein the applicant, also suffering from similar problem, had been declared medically unfit and had approached this Tribunal. In the aforementioned OA, the Tribunal relying on various decisions by the other benches had allowed the OA and had directed the respondents to re-examine the applicant. He submits that the said decision squarely covers the issue.
He also draws our attention to the fact that there were many other such matters and the re-review medical examination wherein the applicants were suffering from vision defects, hypertension etc. has been conducted. He submits that the re-review medical examination is still pending. This fact is also confirmed by the counsel appearing for the respondents.
We note that the applicant in OA No 1014/2024, upon which the applicant in the present OA is relying, had got himself examined at a government hospital after being declared unfit by the Detailed Medical Examination as well as the Review Medical Examination, whereas the applicant in the present OA got himself examined at a private hospital. However, since the medical report upon which the applicant is relying is contrary to both Detailed Medical Examination as well as the Review Medical Examination, we deem it appropriate to give an opportunity to the applicant for re-review medical examination.
In view of the above submissions, the OA is allowed and the respondents are directed to allow the applicant to appear for the re-review medical examination to be conducted by them as per the directions issued by this Tribunal in OA 1014/2024 at any other government hospital other than the hospitals wherein his Detailed Medical Examination as well as the Review Medical Examination were conducted.
The OA is disposed of in the aforesaid terms.
No order as to costs.