Vikash v. Union of India and Anr.

1. The application is allowed, subject to just exceptions.

2. The application is accordingly disposed of. CM APPL. 20795/2022 (condonation of delay)

3. By way of the present application, petitioner is seeking condonation of delay of 88 days in filing the review petition in W.P.(C) No.2333/2020. 2022:DHC:1678-DB

4. In view of the reasons stated in the application and various orders passed by this Court and the Hon’ble Supreme Court, we hereby condone the delay of 88 days in filing the review petition.

5. Application is allowed and disposed of. REV. PET. 122/2022

6. Present review petition has been filed under Order XLVII Rules 1 & 2 CPC seeking review of order dated 10.11.2020 passed in W.P.(C) 2333/2020 as the said petition was dismissed on delay and latches but not on merit.

7. The case of the review petitioner is that he was found medically unfit by the Medical Board of the respondents initially on account of “GROSS DNS” i.e. deviated nasal septum. Thereafter petitioner sought second opinion from a Government Hospital namely Chaudhary Bansilal Hospital, Bhiwani (Haryana) and was declared fit. On submission of the aforesaid reports to the respondents, petitioner was again called for review medical examination on 31.03.2018 where he was again declared unfit on account of “Gran-DNB” and Mucous Retention Cyst.

8. Learned counsel for the review petitioner further submitted that it is quite strange that he was found unfit for different reason in the review medical examination, therefore, this Court omitted to notice that petitioner was declared unfit for one reason for first time and another reason for the second time, which is contrary stand of the medical board, therefore, finding of the review board is erroneous and liable to be quashed and set aside by this Court.

9. We have heard the learned counsel for the petitioner and perused the material placed on record.

10. On perusal of the order dated 10.11.2020 passed in W.P.(C) No.2333/2020, this Court did not find any merit therein as observed in para 4 of said order which reads as under:

11. However, case of the petitioner was noted in para 5 of the order as under:

12. It is not in dispute that petitioner was found medically unfit by the Medical Board initially on account of “GROSS DNS” and by subsequent Board, he was declared unfit on account of “Gran-DNB” and the Review Medical Board further found him to be having a Mucous Retention Cyst which was developed due to the surgery underwent by the petitioner as noted above.