Sandeep Dogra vs State of H.P. and Others

Kurian Joseph, C.J.—The Petitioner approached this Court when he was stated to be medically unfit on account of defective eye sight noticed when he was examined by the Deputy Chief Medial Officer in the District Kangra on 1.12.2010. Therefore, the case of the Petitioner was referred to the State Medical Board. The State Medical Board also declared him unfit when examined on 22.12.2010. It appears that the Petitioner got himself checked up in the Department of Ophthalmology in the I.G.M.C., Shimla and it is seen that panel of four doctors of I.G.M.C., Shimla on 6.1.2011 has found him medically fit, since according to those experts, the Petitioner does not suffer from any defective eye sight. Apparently, on account of the report as above, the Director vide letter dated 23.8.2011 has referred the matter to P.G.I., Chandigarh. Under what provision, such reference is made, we fail to understand. In case the matter requires examination afresh by the State Medical Board in the light of the opinion rendered by the Department of Ophthalmology in the I.G.M.C., Shimla, the Petitioner should have been relegated to the State Medical Board and not an outside agency. That will not be a healthy practice for the State.

Therefore, there will be a direction to the fifth Respondent to refer the case of the Petitioner to the State Medical Board, who shall examine the Petitioner with reference also to the opinion rendered by the Department of Ophthalmology in the I.G.M.C., Shimla. This shall be done within a period of two weeks from the date of production of a copy of this judgment by the Petitioner before the fifth Respondent. Depending upon the opinion of the State Medical Board, appropriate action shall be taken by the fourth Respondent, within another one week. The order dated 4th August, 2011 shall continue till such time.

The writ petition is disposed of, so also the pending application(s), if any.