Md. Ahsanuddin v. Telangana State Road Transport Corporation

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE M.GANGA RAO WRI T APPEAL No.1382 OF 2018 JUDGMENT: (per Hon'ble Sri Justice Sanjay Kumar) The appellant is the petitioner in W.P.No.35909 of 2016 pending on the file of this Court. By order dated 18.06.2018 passed in W.V.M.P.No.1285 of 2017 (I.A.No.1 of 2017) in W.P.M.P.No.44255 of 2016 (I.A.No.1 of 2016) in W.P.No.35909 of 2016, a learned Judge directed the Superintendent of Nizam's Institute of Medical Sciences to constitute a Committee of Doctors of the Radiology Department, Orthopaedic Department or any other suitable Department to assess the age of the appellant-petitioner and submit a report to the Court. Aggrieved thereby, the petitioner in the said writ petition is in appeal. Heard Sri V.Narasimha Goud, learned counsel for the appellantpetitioner, and Sri A.Ravi Babu, learned counsel for the Telangana State Road Transport Corporation.

Though the appellant-petitioner relies upon his SSC record in proof of his date of birth being 05.02.1964, we find that there are sufficient documents furnished to the respondent Corporation by the appellantpetitioner himself, wherein he affirmed under signature that his date of birth was 16.12.1958.

In the light of this contradictory material, it was within the discretion of the learned Judge to direct medical examination of the appellant-petitioner for assessing his age. We find no grounds to interfere with the exercise of such discretion, given the facts of this case. The writ appeal is devoid of merit and is accordingly dismissed.

Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

_________________ SANJAY KUMAR,J _________________ M. GANGA RAO, J Date: 11.10.2018 IBL