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High Court of Punjab and HaryanaCWP/3643/2019disposed of

Sombir v. Union Of India And Others

2019-03-08Mr. Justice Arun Monga2 pages

CWP-3643-2019 -1-

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-3643-2019 Date of Decision: 08.03.2019 Sombir ... Petitioner

Versus

Union of India and others ... Respondents CORAM:- HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. M.S.Chahal, Advocate, for the petitioner.

***** ARUN MONGA, J.(ORAL) Interalia contends that vide impugned medical examination report dated 27.07.2017 (Annexure P-6), the petitioner has been declared unfit on account of the fact that the period of four months has not lapsed after he got ear surgery (Tympanoplasty).

Learned counsel for the petitioner further submits that as per medical advice dated 15.05.2017 (Annexure P-2), he was advice to undergo a convalescing period of four months before undergoing further medical examination. Learned counsel for the petitioner contends that the said period of four months has since long expired and the petitioner is now medically fit to undergo the fresh medical ANJU 2019.03.25 17:15 I attest to the accuracy and integrity of this document phhc

CWP-3643-2019 -2examination.

Notice of motion.

Mr. Arihant Goyal, Advocate, accepts notice on behalf of the respondent-UOI.

Learned counsel for the respondent contends that the request of the petitioner for undergoing fresh medical examination qua the selection process for the year 2016 cannot be accepted at this stage as the entire selection process in the meanwhile has been carried out. In view of nature of order being passed, I do not deem it appropriate to keep the matter pending as no further pleadings/proceedings are required. The present petition is disposed of with a direction to the respondents to consider the case of the petitioner for subsequent selection to be advertisement in future by carrying out a fresh medical examination of the petitioner in accordance with law and if the petitioner is found otherwise eligible, to consider his case appropriately.

(ARUN MONGA) 08.03.2019 JUDGE anju Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No ANJU 2019.03.25 17:15 I attest to the accuracy and integrity of this document phhc