IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.:385/2004 Reserved on:24.7.2008 Decided on: 28.7.2008 Rajinder Kumar …Petitioner. Versus Union of India and others. …Respondents Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting ?1. No. For the petitioner : Mr. Anand Sharma, Advocate. For the respondents : Mr. Sandeep Sharma, Assistant Solicitor General of India. Rajiv Sharma, J. The brief facts necessary for the disposal of this writ petition are that the petitioner joined as constable at the Basic Training Centre, Bhanu in Harayana on 10.11.2002. He fell sick in the month of December, 2002 and was admitted in G.H. Panchkula. He was treated with effect from 18.12.2002 to 4.1.2003. A Medical Board was constituted to assess the suitability of the petitioner for service. The Board met on 24.1.2003 and the petitioner was found unfit for further service in the ITBP. He was served with a memorandum dated 14.2.2003. He remained absent with effect from 28.2.2003 to 26.3.2003. He got himself examined from IGMC, 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. 2 Shimla as per Annexure P-4. The Senior Medical Superintendent, IGMC, sent the report to the Medical Superintendent, DDU Zonal Hospital, Shimla vide Annexure P-5. The Medical Board was constituted on 25th March, 2003 in DDU Zonal Hospital, Shimla. It was mentioned in the medical certificate that at present, he does not reveal any sign of active mental illness and was fit to do current job. However, it was specifically mentioned that it was difficult to comment on the diagnosis presently made as there was no history/treatment records available as per the opinion of Psychiatrist, IGMC, Shimla. In view of the medical certificate issued by the Chairman, Zonal Hospital, Shimla, Annexure P-6, a fresh Review Medical Board was constituted by the respondents. He remained under observation with effect from 8.9.2003 to 23.9.2003. The Review Medical Board opined on 23.9.2003 as under: “This individual is a recruit of ITBP. He had suffered from severe psychotic mental breakdown i.e. schizophrenia (catatonic) during initial basic training, keeping in view of his episode of psychosis and nature of future duties in ITBP. He cannot do his basic training as combatant soldier. He can not be able to handle fire arm and ammunition. He cannot be able to take part in combat operations. He cannot be employed at any work in a force where fire arms are easily assessable to him. Being suffered from schizophrenia, he should be invalided out from ITBP Service as per Rules.” In view of the opinion of the Review Medical Board vide order dated 19th April, 2004, the petitioner was discharged from service. Mr. Anand Sharma, Advocate had strenuously argued that the findings recorded by the Review Medical Board are not sustainable in the eyes of law in view of the medical opinion of the Medical Board constituted at DDU Zonal Hospital, Shimla. He further contended that his client was 3 not examined by the Review Medical Board thus no credence can be given to the opinion of the Review Medical Board. Mr. Sandeep Sharma, Assistant Solicitor General of India had supported the findings of the Review Medical Board and the discharge order dated 19.4.2004. I have heard the learned counsel for the parties and have perused the record carefully. The sequence of events as per the facts enumerated hereinabove is that the petitioner joined the ITBP on 10.11.2002. He remained under treatment at G.H. Panchkula with effect from 18.12.2002 to 4.1.2003. The Medical Board in its report dated 24.3.2003 opined that the petitioner was not fit for training in view of his illness. He got himself examined from IGMC, Shimla and DDU, Zonal Hospital, Shimla. The Medical Board was constituted at DDU Zonal Hospital, Shimla and the opinion of the Board reads thus: “Certified that Sh./Smt. Rajinder Kumar son of Shri Mangal Den, in the Department of 10 BN ITBP, Police, Government of India has been examined by the Medical Board DDU Hospital Shimla on 25.3.2003 diagnosis “At present, he does not reveal any sign of active mental illness and fit to do current job. However, it is difficult to comment on the diagnosis presently made as there is no history/treatment records available as per opinion of Psychiatrist IGMC, Shimla vide letter No. Mc/Pry-18/03 dated 22.3.2003.” Immediately after the receipt of the medical certificate Annexure P-6, the respondents in view of Rule 26 (4) of ITPB Police Rules constituted a Review Medical Board. He was kept under observance with effect from 8.9.2003 to 23.9.2003. The final opinion of the Review Medical Board has already been reproduced hereinabove. It is evident from the 4 opinion of the Review Medical Board that the petitioner has suffered from severe psychotic mental breakdown i.e. schizophrenia (catatonic) during initial basic training and keeping in view his episode of psychosis and nature of future duties in ITBP, he could not undergo his basic training as combatant soldier. It was also conclusively opined by the Review Medical Board that he could not be employed at any work in a force where fire arms are easily assessable to him and he was recommended to be invalided out from ITBP service as per rules. It was only on the basis of the recommendations of the Review Medical Board that discharge certificate dated 19.4.2004 has been issued by the Commandant, 10th Battalion, ITBP. This Court will not substitute its opinion for the wisdom of the opinion expressed by the Review Medical Board on 23.9.2003. Whether the petitioner had suffered from the ailment as mentioned in the two reports dated 24.1.2003 and 23.9.2003, falls within the domain of experts. Once the experts have opined that the petitioner was not fit to be retained in ITBP, his discharge cannot be faulted with. As far as the opinion of the Medical Board as per Annexure P-6 given by the DDU Zonal Hospital, Shimla is concerned, the same was not conclusive since it has failed to take note of the fact that the petitioner has to discharge duties as combatant soldier. The Medical opinion is always relatable to the job a person has to undertake. The Review Medical Board has given a detailed report after observing the petitioner with effect from 8.9.2003 to 23.9.2003. It has also come in the report Annexure P-6 that it was difficult to comment on the basis of the diagnosis presently made as there was no history/treatment record as per the opinion of the Psychiatrist, IGMC, Shimla vide letter dated 22nd march, 2003. In view of the observations made hereinabove and the reasoning, the discharge of the petitioner from ITBP is in accordance with law. 5 Consequently, there is no merit in this writ petition and the same is dismissed. There shall be no order as to costs. July 28, 2008 (Rajiv Sharma ), J. *awasthi*