SUNIL DAGAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed by Sunil Dagar under Article 226 of the Constitution of India for issuance of a writ of certiorari for quashing Annexure P -7 whereby the petitioner's right to Review Medical Board had been denied and further by way of writ of mandamus, it was prayed that the respondents be directed to conduct Review Medical Board for the petitioner and to send him to the next National Defence Academy Course.

(2.) BRIEFLY stated, the facts are that the petitioner applied for National Defence Academy Course (hereinafter referred to as "N.D.A. Course") in December, 1999. He appeared in the written test for the N.D.A. Course conducted by the respondents and cleared it. He also cleared the Service Selection Board interview on 28.4.2000 and was declared selected for the N.D.A . Course by securing 81 rank. The petitioner was sent to medical examination for N.D.A. Course at Military Hospital, Bhopal. The Special Medical Board examined him on 3.5.2000 and declared his unfit/Temporary unfit for the N.D.A Course vide certificate Annexure P -1 has he was stated to be suffering from Aone Vulgris, Cardiac murmur and digital tremors. Against the said decision, the petitioner preferred an appeal and reported at Base Hospital, Delhi Cantt. on 5.5.2000. He was ultimately examined by the Appeal Medical Board at Base Hospital, Delhi Cantt on 17.5.2000. According to the Appeal Medical Board (Annexure P -3), he was declared suffering from only one ailment i.e. digital tremors.

(3.) ON notice of motion having been issued on 15.9.2000, the respondents filed reply.