* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: January 31, 2024
+ W.P.(C) 1370/2024
(54) SHUBHAM MALIK ..... Petitioner
Through: Mr. Abhay Kumar Bhargava with Mr.
Satyaarth P. Sinha, Advocates
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Ms. Shagun Shahi Chugh, Mr. Varun
Chugh, Ms. Anjali Tiwari, Advocates
SI Prahalad, SI Amit Kumar and SI
Zishan Hashim
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MR. JUSTICE SAURABH BANERJEE
V. KAMESWAR RAO, J. (ORAL)
1. This petition has been filed by the petitioner with the following
prayers:
It is, therefore, humbly prayed that this Hon'ble Court may
please to allow this writ petition and may further be please
to:
a. Issue a writ of mandamus or any other appropriate writ,
order or direction, thereby directing medical examination of
the petitioner by medical board of an independent hospital
to examine whether the petitioner is suffering from Inguinal
Hernia and whether the petitioner is fit for duties.
b. Issue a writ of Certiorari or any other appropriate writ,
order or direction, thereby quashing the opinion of the
Review Medical Board dated 02.01.2024 as well as opinion
Signature Not Verified
W.P. (C) 1370/2024 Page 1 of 3
Digitally Signed
By:BABLOO SHAH
Signing Date:02.02.2024
11:12:14
of the Medical Board whereby the Petitioner has been found
unfit for service on the ground of Inguinal Hernia.
c. Pass any other order in the interest of Justice
2. In substance, the petitioner is challenging the conclusion drawn by the
Medical Board/Review Medical Board, wherein he has been diagnosed to be
suffering from Inguinal Hernia. In support of his submission, learned
counsel for the petitioner has drawn our attention to the result of the Medical
Examination of the petitioner conducted at P L Sharma District Hospital,
Meerut, U. P, which is a Government hospital in the State of U.P, to contend
that the Doctor therein has stated that there is no Left Inguinal Hernia.
Petitioner is fit for duty.
3. Without commenting on the conclusion drawn by the Medical
Board/Review Medical Board, we deem it appropriate, in the facts of this
case, to refer the petitioner to Army Hospital (Research and Referral)
(‘RR
, in short), New Delhi. The R. R. Hospital shall constitute a
Hospital’
Medical Board consisting of an Assistant Surgeon of Grade-1 or a Surgeon,
above the said grade, which shall undertake the Medical Examination of the
petitioner to consider as to whether the petitioner is suffering from Inguinal
Hernia (Left side). The Examination shall be conducted within four weeks
from today and the R. R. Hospital shall give an advance notice of four days
to the petitioner informing him the date and time, for his presence. The
report shall be submitted to the respondent/Authority in the CISF, being Dy.
Inspector General (Recruitment), Central Industrial Security Force, Block
No. 13, C.G.O. Complex, Lodhi Road, New Delhi-110003, who shall
consider the report and proceed in accordance with law.
Signature Not Verified
W.P. (C) 1370/2024 Page 2 of 3
Digitally Signed
By:BABLOO SHAH
Signing Date:02.02.2024
11:12:14
4. With the above terms, the petition is disposed of.
V. KAMESWAR RAO, J
SAURABH BANERJEE, J
JANUARY 31, 2024/akr
Signature Not Verified
W.P. (C) 1370/2024 Page 3 of 3
Digitally Signed
By:BABLOO SHAH
Signing Date:02.02.2024
11:12:14