LAWS(DLH)-2013-8-344

SATISH Vs. UNION OF INDIA

Decided On August 14, 2013
SATISH Appellant
V/S
Union of India And Ors. Respondents

JUDGEMENT

(1.) The writ petition has been preferred by the petitioner under Article 226 of the Constitution of India for issuance of writ of certiorari and direction to quash the order dated 12th February, 2013 passed by respondent No. 3/Recruiting Officer Coast Guard whereby the candidature of the petitioner for the post of Naik GD in the Indian Coast Guard pursuant to a Selection Process conducted in 2012 was rejected on the medical grounds. Being aggrieved, the petitioner assails the result of the medical examination conducted at INS Chilka, Nivarani Hospital on 12th February, 2013 whereby he was found medically unfit for enrolment on the ground that he was suffering from 'NYSTAGMUS'. The petitioner placed reliance on reports of his medical fitness. He also complains of failure of the respondents to grant review to him. Given the urgency of this matter as it is concerned with recruitment and to obviate any further dispute we had passed an order dated 6th May, 2013, directing the petitioner to appear before the Commandant, Army Hospital (Research and Referral), Delhi Cantt on 14th May, 2013 pertaining to his medical examination with all records in his possession.

(2.) The Commandant, Army Hospital (Research and Referral), Delhi was also directed to constitute a Board of Specialists/Experts to conduct appropriate medication examination of the petitioner. The Board so constituted was directed to take an independent view in the matter uninfluenced by the previous reports produced by both the parties.

(3.) Pursuant to the above directions, the petitioner was medically examined by the Board of officers of the Army Hospital, (Research and Referral). The respondents have filed an Affidavit dated 30th July, 2013 enclosing therewith a copy of the report dated 16th May, 2013 of the petitioner's medical examination. The relevant extract of this report reads as under:-