High Court of DelhiW.P.(C)/11884/2016

Puneet Yadav v. Union Of India & ORS

2016-12-19Hon'Ble Ms. Justice Indira Banerjee,Hon'Ble Mr. Justice A. K. Chawla4 pages

$~57 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11884/2016 PUNEET YADAV ..... Petitioner Through Mr. U. Srivastava, Advocate.

versus UNION OF INDIA & ORS ..... Respondents Through Mr. Prakash Yadav, Senior Panel Counsel for respondents.

CORAM:

HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE ANIL KUMAR CHAWLA

O R D E R

% 19.12.2016 In this writ petition, the petitioner has sought directions on the respondents to consider the request of the petitioner for conducting a fresh medical examination of the petitioner and to depute the petitioner to the post of Airman in the event, the petitioner is found fit. According to the petitioner, the petitioner qualified at all stages of the selection process for appointment of Airman, after which, he was called for medical test on 29.07.2016. He was, however, disqualified on the ground of an abnormality found in the Echo Cardiogram (ECG) report of the petitioner. The petitioner was diagnosed to suffer from 'Tia Cardiac', a cardiac ailment.

The petitioner appealed and was re-examined by the Medical Examination Board. The Appeal Medical Board also disqualified the W.P.(C) 11884/2016

petitioner on the same ground. It is the case of the petitioner that another candidate, namely one Om Prakash Singh, who had also been disqualified in the Medical Examination due to ECG abnormality, appealed after which he was cleared. The fact that a co-candidate may have qualified in appeal is no ground for further medical examination of the petitioner, whose disqualification was based on the ECG Report. The petitioner has enclosed reports of private practitioners. It is not for this Court to adjudicate which report is correct, the report of the private practitioner from whom the petitioner got himself examined or the doctors constituting the Medical Board/Appeal Medical Board. No cogent grounds have been made out in the writ petition for interference with the decision of the Medical Board/Appeal Medical Board.

The writ petition is therefore, rejected.

INDIRA BANERJEE, J ANIL KUMAR CHAWLA, J DECEMBER 19, 2016 rs W.P.(C) 11884/2016