Manjeet Singh Ahlawat v. Union Of India And ORS.

2022/DHC/005727 $~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 20.12.2022 + W.P.(C) 17412/2022 and CM.APPL. 55422/2022 MANJEET SINGH AHLAWAT ..... Petitioner Through:

Ms. Karishma Singh and Mr. Ankit Bhadauria, Advocates.

versus UNION OF INDIA AND ORS.

..... Respondents Through:

Mr. Vikrant Goyal and Mr. Yash Tandon, Advocates.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) CM APPLs.55423/2022 and 55424/2022 (exemption) 1.

Allowed, subject to just exceptions.

2.

The application is disposed of.

W.P.(C) 17412/2022 3.

The petitioner appeared for the post of Constable GD in CAPF, NIA, SSF and Riflemen GD in Assam Rifles Examination 2021 and was found unfit by Detailed Medical Examination conducted on 20.09.2022 and in review medical examination conducted on 23.09.2022. 4.

Counsel for the petitioner submits that the opinion of the Detailed Medical Examination and Review Medical Board is contradictory and moreover there was no specialist in the said Board. He further submits that let a specialist Board be constituted and the report of the said Board shall be W.P.(C) 17412/2022 By:PRIYANKA ANEJA 10:57:50

2022/DHC/005727 final and binding upon the petitioner.

5.

In view of the above, without commenting on the opinion of the Detailed Medical Examination and Review Medical Board, we hereby direct the In-charge of R&R Hospital to constitute a Board of specialist and examine the petitioner within four weeks from today. 6.

It is agreed by the petitioner that the report of the R&R Hospital shall be final and binding and it will not be challenged further. 7.

We hereby make it clear that in the report of R&R Hospital, if the petitioner is found to be fit, the petitioner shall be allowed to join in the selection process. However, if the report is negative then that will be final and binding upon the parties.

8.

The petition is accordingly disposed of.

(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA) JUDGE DECEMBER 20, 2022/PA W.P.(C) 17412/2022 By:PRIYANKA ANEJA 10:57:50