RAKESH KUMAR YADAV Vs. UOI

JUDGEMENT

(1.) The petitioner was selected as a Constable GD under Border Security Force (BSF) and was posted at the 25th Bn. He was required to undergo training for 24 weeks and for which he was sent to BTC, TC&S, BSF at Hazaribagh, Jharkhand as a part of Batch No.112 where he commenced his training on 26.12.2005.

(2.) While undergoing training at Hazaribagh, the petitioner was detected with viral hepatitis (in common parlance jaundice). He was referred to the Composite Hospital TC&S BSF Hazaribagh where he was admitted on 26.5.2006 and his condition not improving was sent to the specialized hospital being Sadar Hospital Hazaribagh on 30.5.2006 from where he was referred back at the Composite Hospital at Hazaribagh on 2.6.2006 where he remained admitted till 4.7.2006 on which date he was discharged being certified fit.

(3.) Rejoining the training centre, the petitioner complained of general weakness, yellow colouration of urine and sclera. He was examined for a second time at the Composite Hospital TC&S BSF Hazaribagh on 14.7.2006 where he was admitted and remained hospitalized till 20.9.2006. His condition was not improving and he was referred to RIMS Ranchi on 20.9.2006 where he remained admitted till 30.9.2006 and on intensive examination was detected with Hyperbilirubinemia (Gilbert's Syndrome). He remained off training, but in the lines till 12.10.2006 on which date he was re-hospitalized at the Composite Hospital TC&S BSF Hazaribagh where he remained as a patient till 4.11.2006. He was examined by various experts including a doctor from NRS Medical College Kolkata namely Dr.Abhijit Choudhary who confirmed that the petitioner was suffering from a genetic infirmity resulting in Gilbert's Syndrome.