Mohit v. Union Of India And Others

CWP-7038-2020 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-7038-2020 Date of Decision: 03.08.2022 Mohit ...... Petitioner

Versus

Union of India and others ......... Respondents

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr. Kamal Kumar Yogi, Advocate, for the petitioner.

Mr. Arvind Seth, Advocate, for the respondents.

***** RAJBIR SEHRAWAT, J. (ORAL) This is a petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to declare the petitioner medically fit for jointing as Airmen in Indian Air Force or direct the Director, PGI Chandigarh/Rohtak to constitute a medical board for assessing ECG abnormality of the petitioner and direct the respondents to reserve one vacancy of Airmen for the petitioner. Notice of motion.

Mr. Arvind Seth, Advocate, accepts notice on behalf of the respondents.

Learned counsel for the respondents, who is being instructed by Sgt Pramod Parashar IC, Airforce Legal Cell, Chandigarh, has not even disputed the assertion made by the petitioner that at the time of Appeal Medical Board, no ECG was conducted for assessing the abnormality in the ECG. Only the papers prepared earlier were re-examined by the Medical VIRENDRA SINGH ADHIKARI 2022.08.05 10:04 I attest to the accuracy and authenticity of this order/judgment

CWP-7038-2020 -2Board. Hence, it is obvious that there has not been effective re-examination of the abnormality alleged against the petitioner by the Medical Board. In view of the above, the present petition is disposed of with a direction to the respondents to re-examine the petitioner qua his alleged abnormality by conducting a fresh ECG and other allied medical tests at the level of Appeal Medical Board.

(RAJBIR SEHRAWAT) JUDGE 03.08.2022 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2022.08.05 10:04 I attest to the accuracy and authenticity of this order/judgment