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Judgment
O R D E R
By Hon’ble Dr. Sumeet Jerath, Member (A)
By way of the present OA, the applicant has challenged the decision of the respondents whereby she has been declared unfit for the post of Delhi Police Constable (Executive) Female. After the applicant was provisionally selected, a medical examination was conducted on 24.01.2024 wherein she was declared unfit on the grounds of “(i) Right tympanic membrane perforation with decreased hearing, (ii) Burn scar on left foot”. A review medical examination was also conducted on 27.01.2024, wherein the doctors declared her unfit on account of “tympanic membrane perforation central”. Thereafter, the applicant has got herself operated at Sawai Man Singh Hospital, Jaipur, Rajasthan, and now she is free from any such deformity.
Learned counsel for the applicant, at the outset, draws attention to the decision of a Coordinate Bench of this Tribunal in OA 1857/2024, wherein the applicant, 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 at hand.
He also draws our attention to the fact that there were many other such matters wherein the applicants suffering from vision defects, hypertension etc. had undergone re-review medical examination. He submits that the re-review medical examination is still pending in this case. This fact is also confirmed by the counsel appearing for the respondents.
Although the applicant has approached the Tribunal without exhausting the remedies available to her, we are of the considered opinion that since the matter is squarely covered by the judgment of this Tribunal, procedural lapses may be ignored in the present facts and circumstances and in the interest of justice.
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 No. 1857/2024 and also in the present case, at any other government hospital other than the hospital where the Detailed Medical Examination and the Review Medical Examination of the applicant were conducted.
The OA is disposed of in the aforesaid terms.
Pending MA, if any, stands disposed of accordingly. No order as to costs.