In a significant development, the Delhi High Court, in the case of Ajay Budaniya vs. Union of India & Ors., has quashed the Review Medical Examination Report dated December 21, 2023, declaring the petitioner, Ajay Budaniya, unfit due to hypertension and tachycardia. The court has directed the constitution of a fresh Review Medical Board within two weeks, adhering to specific guidelines, setting the stage for a reevaluation of the petitioner’s health status.
The petitioner, Ajay Budaniya, challenged the Review Medical Examination Report and sought relief through a writ petition, contending that the regulations and guidelines were not followed. The petitioner insisted that, as per established norms, a candidate should be hospitalized for observation before a final opinion is rendered by the Review Medical Board.
Key Prayers in the Writ Petition:
- Quashing of the Review Medical Examination Report dated December 21, 2023.
- Reconstitution of the Review Medical Examination Board for the petitioner in line with applicable guidelines.
- Seeking the opinion of specialists or super specialists from Government Medical College and Hospital.
- Directing Respondent No.3 to obtain the records of the petitioner regarding ECG and ECHO tests.
- Seeking any other appropriate orders or directions deemed fit by the Hon’ble Court in the interest of justice.
The court, comprised of Hon’ble Justice V. Kameswar Rao and Hon’ble Justice Saurabh Banerjee, noted the submission made by Mr. Manish Kumar, appearing for the respondents. Considering similar orders in related petitions, the court set aside the Review Medical Examination Report dated December 21, 2023.
The court directed the Union of India and other respondents to constitute a fresh Review Medical Board within two weeks. The reevaluation is to be conducted in accordance with regulations and guidelines dated May 31, 2021. Furthermore, the petitioner is entitled to at least four days’ advance notice of the examination.
It was explicitly stated that if the petitioner is found fit by the newly constituted Review Medical Board, further actions shall be taken in accordance with the rules. However, the petitioner is granted the right to seek legal remedy if aggrieved by any prejudicial order.
In concluding the matter, the court disposed of the writ petition, emphasizing the need for a fair and compliant medical evaluation process. The case highlights the court’s commitment to ensuring that individuals are not adversely affected by lapses in following established protocols during medical examinations. As the fresh Review Medical Board takes charge, the petitioner, Ajay Budaniya, awaits a fair reassessment of his health status, as prescribed by the court’s order.
Case Name: Ajay Budaniya vs. Union of India & Ors.
Arushi Mengi, a 2nd year student at The Law School, University of Jammu, an intern under Legal Vidhiya.
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