Abhishek Sharma v. Airports Authority of India

Delhi High Court · 29 May 2018 · 2018:DHC:3578
Sunil Gaur
W.P.(C) 5945/2018
2018:DHC:3578
administrative petition_allowed

AI Summary

The Delhi High Court directed a Review Medical Examination for the petitioner’s height and stayed filling of unreserved vacancies pending the Medical Board’s report in a recruitment dispute.

Full Text
Translation output
W.P.(C) 5945/2018
HIGH COURT OF DELHI
Date of Order: May 29, 2018
W.P.(C) 5945/2018 & CMs 23177-78/2018
ABHISHEK SHARMA ..... Petitioner
Through: Mr. Ankur Chhibber and Mr. Bhanu Gupta, Advocates
VERSUS
AIRPORTS AUTHORITY OF INDIA AND ORS. .....Respondents
Through: Mr. Digvijay Rai, Advocate
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
JUDGMENT

1. Vide Email Communication of 24th March, 2018 (Annexure P-4), petitioner had sought Review Medical Examination in respect of his height while claiming that petitioner’s actual height is more than 167 centimeters.

2. According to petitioner’s counsel, there is no response to the aforesaid Email Request (Annexure P-4).

3. Learned counsel for petitioner informs that result for all the 43 vacancies of Junior Assistant (Fire Services) has been declared on 21st May, 2018 and seeks petitioner’s Review Medical Examination by Medical Board.

4. In the facts and circumstances of this case, it is deemed appropriate to direct the Medical Superintendent of Dr. Ram Manohar Lohia Hospital, New Delhi to constitute a Medical Board for measuring the 2018:DHC:3578 W.P.(C) 5945/2018 height of petitioner, within a period of two weeks from the date of receipt of copy of this order and date and time for petitioner’s Review Medical Examination so fixed by the Medical Superintendent, be intimated to petitioner and respondent to enable petitioner and the representative of respondent to be present on the date and time fixed. After the Review Medical Examination of petitioner, report of the Medical Board be submitted to first respondent-AAI within a week thereafter. The parties shall abide by outcome of the Medical Board.

5. Needless to say, in the eventuality of there being any unfilled vacancy of Junior Assistant (Fire Services) in unreserved category, if the report of the Medical Board is found to be favourable to petitioner, then process for appointment be initiated expeditiously. It is made clear that in the eventuality of there being any vacancy of Junior Assistant (Fire Services) in the unreserved category, it be not filled up till the report of the Medical Board is acted upon.

6. The Medical Superintendent of Dr. Ram Manohar Lohia Hospital, New Delhi be apprised of this order forthwith, to ensure its compliance.

7. With aforesaid directions, this petition and the applications are disposed of. Copy of this order be given dasti to counsel for the parties.

JUDGE MAY 29, 2018 s