UNION OF INDIA Vs. PRABHAT KAUSHIK

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Single Judge dated 23.12.2016.

(2.) Respondent No. 1, who was aspirant for the NDA Course, competed in the examination conducted by the Union Public Service Commission in August 2015. The medical examination of the said respondent, however, revealed a defect and his candidature was rejected leading to a petition before the Appeal Medical Board, a statutory remedy available to the respondent No. 1, which met the same fate. A writ petition was then filed before this Court which was accepted by the learned Single Judge who ordered a further review from an independent body i.e. R&R Hospital, New Delhi. The opinion of this authority is on record as Annexure A-1 certifying the respondent No. 1 to be fit. The learned Single Judge had mandated a further action in case the respondent No. 1 was found to be medically fit.

(3.) Against this order a review petition was filed by the appellants which was declined. Both these orders are now under challenge before us by the appellant-Union of India.