AAKASH YADAV vs UNION OF INDIA & ANR.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: January 23, 2024
+ W.P.(C) 144/2024 & CM APPL. 640/2024
(29) AAKASH YADAV
….. Petitioner
Through: Mr. Dilip Kumar Singh, Adv.
versus
UNION OF INDIA & ANR.
….. Respondents
Through: Mr. Akash Verma, SPC with Mr. Abhishek Khanna, G.P. along with Mr. Rajesh Kumar Singh, Legal Officer
CORAM:
HON’BLE MR. JUSTICE V. KAMESWAR RAO
HON’BLE MR. JUSTICE SAURABH BANERJEE
V. KAMESWAR RAO, J. (ORAL)
W.P.(C) 144/2024 & CM APPL. 640/2024
1. This petition has been filed by the petitioner with the following prayers:-
a) Issue a writ of mandamus or any other appropriate writ, order or directions to Respondents to conduct the fresh medical examination of the petitioner by an Independent medical examination Board preferably by AIIMS or any other Government Hospital in Delhi.
b) Pass an order directing the respondents to reserve a seat for the petitioner in the current recruitment process as well as in the next year recruitment process.
c) Pass any such further order/order(s) as this Honble Court may deem fit and proper in the circumstances of the case.
2. In effect, the petitioner is seeking directions to respondents to conduct the fresh medical examination of the petitioner by an Independent Medical Examination Board.
3. Mr. Dilip Kumar Singh appears for the petitioner and submits that, as in terms of orders passed by this Court in different petitions with regard to similar disease, where the petitioners have been referred to a further Review Medical Board, a similar order be passed in this petition also. Noting the submission made as per the regulations / guidelines, before a final opinion is given by the Review Medical Board, the candidate should have been hospitalised for observation and it is conceded case that the said regulations / guidelines have not been followed in this case, the report of Review Medical Board is set aside.
4. The respondents are directed to constitute a fresh Review Medical Board, which shall examine the petitioner inter alia in accordance with the regulations / guidelines dated May 31, 2021. The Review Medical Board shall be constituted within two weeks from today and at least four days advance notice be issued to the petitioner.
5. It is made clear that, if the petitioner is found fit by the freshly constituted Review Medical Board, further action shall be taken in accordance with rules. It goes without saying, if the petitioner is aggrieved by any order passed to his prejudice, he shall seek such remedy as available in law. The petition is disposed of.
CM APPL. 640/2024
Dismissed as infructuous.
V. KAMESWAR RAO, J
SAURABH BANERJEE, J
JANUARY 23, 2024/ds
W.P.(C) 144/2024 Page 3