Jay Singh Chahar v. Union Of India & ORS

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6043/2016 JAY SINGH CHAHAR ..... Petitioner Represented by:

Mr.Akhtar Hussain, Advocate.

versus UNION OF INDIA & ORS ..... Respondents Represented by:

Ms.Barkha Babbar, Advocate.

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 18.07.2016 CM No.24859/2016 Allowed subject to all just exceptions.

W.P.(C) 6043/2016 1.

The petitioner has been found medically unfit being appointed as a Sailor in the Indian Navy.

2.

We do not find any averment in the writ petition concerning medical standards on which disablement had to be opined if a person is detected with VITILIGO (RT) for arm. The further problem is that the petitioner relies upon opinions obtained from Civil Hospitals without disclosing to the doctor concerned that whether the medical infirmity would be a disablement for joining the Indian Navy.

3.

Under the circumstances rather than have the writ petition dismissed for lack of pleadings not evincing a proper cause of action, learned counsel W.P.(C) 6043/2016

for the petitioner seeks leave to withdraw the writ petition with right reserved to file a fresh petition on the same cause of action. 4.

Granting liberty as prayed for the writ petition is dismissed as not pressed.

5.

No costs.

PRADEEP NANDRAJOG, J.

PRATIBHA RANI, J.

JULY 18, 2016 'st'

W.P.(C) 6043/2016