Akhil Britto, A.B., v. The Director General
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :18.12.2020
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD) No.18769 of 2020 and W.M.P.(MD) No.15690 of 2020 Akhil Britto
...Petitioner
Vs 1.The Director General, CRPF (Recruitment), East Block -07, Level-4, Sector-01, R.P.Puram, New Delhi 110 066.
2.The Director of Inspector General, ITBP Sivagangai, RTC Sivagangai, ITBPF, Illupakudi Village, Paramathur Post, Sivagangai District.
3.The Review Medical Board, by its Members, RME of CT (GD) 2018, RTC SVG ITBP, Illupakudi Village, Paramathur Post, Sivagangai District.
...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned report of the 3rd respondent in Form No.04 dated 14/10/2020 and quash the same as illegal and consequently direct the respondents to do an exercise of fresh medical examination on the petitioner at Government Rajaji Medical College Hospital at Madurai, by considering the medical expert reports issued by the Government Medical College, Nagercoil, enabling the petitioner to get appointed as a Constable ( GD) in the examination 2018, within the time stipulated by this Court. For Petitioner : Mr.C.Kishore For Respondents : Mrs.Victoria Gowri Assistant Solicitor General.
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ORDER
By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. 2.Though the writ petition is filed for a larger relief seeking issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned report of the 3rd respondent in Form No.04 dated 14.10.2020 and quash the same as illegal and consequently to direct the respondents to do an exercise of fresh medical examination upon the petitioner at Government Rajaji Medical College Hospital at Madurai, by considering the medical expert reports issued by the Government Medical College, Nagercoil, enabling the petitioner to get appointed as a Constable ( GD) in the examination 2018, within the time stipulated by this Court, the learned counsel appearing for the petitioner in the course of his argument, restricted the relief for issuing a direction to the respondents to consider and pass appropriate orders on the petitioner's representation, dated 21.10.2020, which was given to the respondents seeking to do an exercise of medical examination afresh.
3.In reply, Mrs.Victoria Gowri, learned Assistant Solicitor General appearing for the respondents would submit that the petitioner's representation, dated 21.10.2020, would be considered on merits and in accordance with law, within a time frame to be fixed by this Court.
4.In view of the submission made by the learned counsel on either side and in view of the fact that the matter is relating to the recruitment process, this Court is inclined to pass the following direction:- the respondents are directed to consider the petitioner's representation, dated 21.10.2020 and pass appropriate orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order; 5.With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3
mm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned and issue order copy on 22.12.2020.
To 1.The Director General, CRPF (Recruitment), East Block -07, Level-4, Sector-01, R.P.Puram, New Delhi 110 066.
2.The Director of Inspector General, ITBP Sivagangai, RTC Sivagangai, ITBPF, Illupakudi Village, Paramathur Post, Sivagangai District.
3.The Review Medical Board, by its Members, RME of CT (GD) 2018, RTC SVG ITBP, Illupakudi Village, Paramathur Post, Sivagangai District.
+1 CC to Mr.C.KISHORE, Advocate ( SR-26348[F] dated 18/12/2020 ) W.P.(MD) No.18769 of 2020 18.12.2020 VB (22.12.2020) 3P 5C 3/3