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W.P.(C) 6202/2016
MAHESH KUMAR Petitioner
Through: Mr. Ankur Chhibber, Advocate
Through: Ms. Monica Arora, CGSC along with Mr. Kushal Kumar, Advocate for respondent Nos. 1 to 4/UOI.
SANJEEV YADAV Petitioner
Through: Mr. Ankur Chhibber,Advocate
Through: Ms. Monica Arora, CGSC along with Mr. Kushal Kumar, Advocate for respondentNos. 1 to 4/UOI.
HON'BLE MR. JUSTICE V. KAMESWAR RAO
,11.08.2016
ORDER
1. Both the writ petitions have been filed by the writ petitioners questioning the decision of the Medical Board-Medical Review Board declaring them medically unfit for appointment as Constables in the Border 2016:DHC:8816-DB; ) Security Force. The writ petitioner-Mahesh Kumar in the first writ petition, had applied for the post of Constable Cook and the writ petitioner in the second writ petition, Sanjeev Yadav had applied for the post of Constable (Water Carrier).Both thewrit petitioners cleared thephysical tests.
2. The writ petitioner in the first writ petition was declared unfit because of a tattoo mark. In the second case, the tattoo had healed, and the Board had found him fit on that account, but he was found unfit by reasoning of a DeviatedNasal Septum(DNS).
3. Considering the submissions and the nature of the unfitness noticed ^ and in particular the submission that the second writ petitioner had undergone an operation after which dis-order of (DNS) should not be an impediment, we deem itappropriate to direct that the two writ petitioners be » medically examined by an independent Medical Board.
4. The two writ petitioners shall be referred to Army Hospital (R &R), New Delhi which is headed by a commandant. The commandant of the hospital shall constitute aMedical Board to examine the two petitioners. The,> examination may be done on 29.08.2016 at 11:00 am. The petitioners shall present themselves for medical examination before the Medical Board so constituted. The report ofthe medical examination shall be forwarded to the respondent authorities within aweek tkerea^ter. In tke event, tlie ileJica Board finds the writ petitioners fit, the respondent authorities shall reconsider theirdecision with regard to the appointment ofthepetitioners.
5. The writ petitions are disposed of.
6. Needless to mention both the parties shall be bound by the report of the MedicalBoard constituted by the Commandant of the Army Hospital (R & R),New Delhi.
7. Mr. Ankur Chhibber, learned counsel for the petitioners undertakes on behalf of his clients that they shall not claim seniority with retrospective effect.
8. Copy ofthis order be given dasti under the signatures ofCourt Master to learned counsel for boththeparties.
INDIRA BANERJEE,J V.KAMESWARRAO,J