VIVEK BABORIA v. UNION OF INDIA ITS SECRETARY DEPTT OF HOME AND OTHERS
WP(C)/2332/2023 · 2025-02-28
Rajnesh Oswal
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 4301 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 4301 (JK) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No. 2332/2023(O&M)
Vivek Baboria
…..Appellant(s)/Petitioner(s)
Through: Mr. C. M. Koul, Sr. Advocate with Mr. A. R. Bhat, Advocate
vs
Union of India and others .…. Respondent(s)
Through: Mr. Vishal Sharma, DSGI
Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER 28.02.2025
Oral:
1. The petitioner participated in the examination for the post of General Duty Constable in Central Armed Police Force (CAPF) and qualified the written and physical endurance examination, however, during the medical examination, the petitioner was found to be having flat foot and as such, he was declared unfit. During review medical examination of the petitioner, he was found to be having disability in left foot in the form of
“the calcaneal inclination angle 13 degrees”. The petitioner approached the Government Medical College (GMC), Hospital, Jammu for his examination and the concerned Doctor vide report dated 10.08.2023 opined that the petitioner is having a condition of “Calcaneal inclination Angle < 19’ degrees on left foot s/o mild (L) Flat Foot (pcs planus)”. 112
2
WP(C) No. 2332/2023
2. The petitioner has filed this petition for assailing the report dated 05.08.2023 issued during the review medical examination on the ground that the petitioner is not suffering from any disability as opined by the Doctors of the CRPF and the reports during detailed medical examination and during review medical examination were contrary to the opinion of the GMC dated 10.08.2023. During the course of hearing, vide order dated 18.12.2024 taking into consideration the divergent opinions, this Court directed the Principal GMC, Jammu and the Presiding Officer CT/GD (SCC) RME Board, 2022 to jointly nominate from their respective ends, team of doctors of the concerned discipline for the medical examination of the petitioner. 3. Pursuant to the order dated 18.12.2024, the petitioner was examined on 02.01.2025 by the medical board constituted of doctors nominated by the Principal GMC Hospital and the respondents respectively. As per the examination report, the petitioner is having a disability of “calcaneal inclination angle 13 degrees in Left Foot s/o Flat Foot(pcs planus)”. The petitioner, as such, has been declared unfit. 4 In the detailed medical examination, the petitioner was found to be suffering from disability of flat foot and during the review medical examination, he was found to have an inclination angle of 13 degrees. In view of the opinion of the Medical Board constituted pursuant to the direction of this court dated 18.12.2024, the petitioner has been declared unfit because of the same disability. 3
WP(C) No. 2332/2023
5. In view of the above, the present petition is found to be devoid of any merit, as such, the same is dismissed.
(RAJNESH OSWAL)
JUDGE Jammu: 28.02.2025 Rakesh
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No
Rakesh Kumar 2025.03.10 11:27 I attest to the accuracy and integrity of this document