Gauhati High Court
Orai Tuime Daimari vs Union Of India And 4 Ors on 3 October, 2024
Author: Suman Shyam
Bench: Suman Shyam
Page No.# 1/3
GAHC010205602024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5124/2024
ORAI TUIME DAIMARI
S/O- DR. ANJALI DAIMARI, R/O- KANISKA APARTMENT, LANKESHWAR,
P.O. JALUKBARI, P.S. JALUKBARI, DIST. KAMRUP(M), ASSAM, PIN- 781013.
VERSUS
UNION OF INDIA AND 4 ORS
REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI,
PIN- 110011.
2:THE AIR CHIEF MARSHAL
INDIAN AIR FORCE
AIR HEADQUARTERS (AIR HQ)
VAYU BHAWAN
NEW DELHI-110011.
3:THE CENTRAL AIRMEN SELECTION BOARD (CASB)
REPRESENTED BY PRESIDENT (AIR COMMODORE)
7 ASC (AERONAUTICAL SYSTEMS CENTRE)
7 ASC (AERONAUTICAL SYSTEM CENTRE) NO. 1 CUBBON ROAD
BANGALORE (KARNATAKA)
PIN- 560001.
4:THE APPEAL MEDICAL BOARD
REPRESENTED BY ITS PRESIDENT
AMB
AFS JALAHALLI (EAST)
BENGALURU
PIN- 560015.
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5:THE RECRUITMENT MEDICAL OFFICER
STATION MEDICARE CENTRE
AIR FORCE STATION
YELAHANKA
BENGALURU
PIN- 560063
Advocate for the Petitioner : MR. M SARANIA, MS. R D MOZUMDAR,MR
R.BEZBARUAH,MR A SARANIA,N GOGOI
Advocate for the Respondent : DY.S.G.I.,
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 03-10-2024 Heard Ms. R.D. Mazumdar, learned counsel for the writ petitioner. Perused the averments made in the writ petition. The writ petitioner is aggrieved due to rejection of his candidature for appointment in the post of 'Pianist' in the Indian Air Force on the ground of want of medical fitness. According to the petitioner's counsel her client has been declared medically unfit on completely erroneous ground and without conducting proper medical examination. The learned counsel for the petitioner has also prayed for an interim order not to fill up the post of Pianist till disposal of the writ petition.
Mr. B. Chakraborty, learned CGC appearing for the respondents has prayed for some time to obtain instruction in the matter.
Issue notice of motion returnable on 25-10-2024. Since Mr. Chakraborty has accepted notice on behalf of all the respondents, no Page No.# 3/3 formal notice is required to be sent in this case.
Extra copies of the writ petition, requisite in numbers, be furnished to the learned CGC.
Heard on the prayer of interim relief.
The said prayer will be considered on the returnable date. However, for ends of justice and balancing equities, it is hereby provided that the post Pianist in question shall not be permanently filled up till the returnable date, if not already done.
JUDGE GS Comparing Assistant