NARESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petitioner had applied for appointment to the post of Constable (Bigular) in September-October, 2009. He is stated to have succeeded in the physical test, trade test and the written test which was conducted during the recruitment process. However, the petitioner was order passed on 9th March, 2010 on the declared medically unfit by an ground that his X-Ray depicted Bilateral Apical Reticulonodular Opacity also in mid lung zone. Placing reliance on his medical examination by the Department of Medicine in the Safdarjung Hospital. The petitioner made a prayer to the respondents for conduct of a review medical board.

(2.) The petitioner's request has been rejected by the impugned order dated 12th April, 2010 by the respondents on the sole ground that the application for the review medical board was belated.

(3.) Having regard to the afore-noticed facts and circumstances, we are of the view that interests of justice merit that the petitioner's prayer for review medical board deserves to be considered on merits and ought not to be rejected on the sole ground that the same had been received belatedly. The petitioner has disputed the delay. However, for reasons of expediency and in the interest of justice, we are not going into the rival contentions on this issue.