Shivank Chaturvedi v. Union of India

Delhi High Court · 03 Feb 2016 · 2016:DHC:869
Hima Kohli; Sunil Gaur
W.P.(C) 717/2016
W.P.(C) 717/2016 2016:DHC:869
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed a writ petition challenging medical fitness for Navy enrolment, directing the petitioner to first seek a Review Medical Board before approaching the Court.

Full Text
Translation output
HIGH COURT OF DELHI
W.P.(C) 717/2016
SHIVANK CHATURVEDI ..... Petitioner
Through: Ms. Archana Ramesh, Advocate
VERSUS
UNION OF INDIA AND ORS ..... Respondents
Through: Mr. Ajay Digpaul, CGSC with Mr. Abhishek Khanna, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R 03.02.2016
JUDGMENT

1. The present petition has been filed by the petitioner praying inter alia for directions to the respondents to re-examine him medically at Delhi on the ground that vide letter dated 19.08.2015, he was informed that he was found unfit for enrolment in the Navy on the ground of suffering from Chronic Septum Otitis Media (Right Ear).

2. Learned counsel for the respondents, who appears on advance notice, opposes the maintainability of the present petition on the ground that though the petitioner has an equally efficacious alternate remedy of seeking a Review Medical Board, he has directly approached this Court, which is impermissible. W.P.(C) 717/2016 2016:DHC:869

3. Learned counsel for the petitioner concedes that the petitioner has not requested the respondents to hold a Review Medical Board to examine his medical condition and states that he shall do so at the earliest.

4. On receiving the said representation, the same shall be considered by the respondents and they shall intimate the petitioner in writing the date and time for appearing before the Review Medical Board to be held at R&R Hospital, Delhi.

5. If the opinion of the Review Medical Board favours the petitioner, then the respondents shall take further steps in accordance with law, failing which the petitioner shall be entitled to seek his remedies in accordance with law.

6. The petition is disposed of. HIMA KOHLI, J SUNIL GAUR, J FEBRUARY 03, 2016 rkb/ap