No. 39475 Cadet (Nda) Nihal Tiwari vs Union Of India And Ors on 31 May, 2022

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Delhi High Court - Orders

No. 39475 Cadet (Nda) Nihal Tiwari vs Union Of India And Ors on 31 May, 2022

Bench: Suresh Kumar Kait

                          $~32
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 8698/2022
                                 NO. 39475 CADET (NDA) NIHAL TIWARI                   ..... Petitioner
                                                     Through:     Appearance not given

                                                     versus

                                 UNION OF INDIA AND ORS.                              .... Respondents
                                                     Through:     Mr. Neeraj, Mr. Sahaj Garg, Mr.
                                                                  Rudra Paliwal and Mr. Vedansh
                                                                  Anand, Advoctaes

                                 CORAM:
                                 HON'BLE MR. JUSTICE SURESH KUMAR KAIT
                                 HON'BLE MR. JUSTICE SAURABH BANERJEE
                                                     ORDER

% 31.05.2022 CM APPL.26223/2022(for exemption)

1. Allowed, subject to all just exceptions.

2. Application is accordingly disposed of.

W.P.(C) 8698/2022 & CM APPL. 26222/2022

3. By way of the present writ petition, petitioner seeks the following reliefs:

"a. Issue a Writ of Certiorari calling for the relevant records and after perusal thereof, quash and set-aside the order dated 25.02.2021 issued by respondent no.3 by which the petitioner's request to allow W.P.(C) 8698/2022 Page 1 of 4 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:01.06.2022 20:33:17 him to continue and complete his training at National Defense Academy (NDA) as Air Force Cadet has been arbitrarily and unreasonably rejected;

a. Issue a Writ of Certiorari calling for the relevant records and after perusal thereof, quash and set-aside the order dated 22.09.2020 issued by respondent no.4 by which the petitioner's request to transfer him from Air Force Navy and thus, continue and complete his training at National Defence Academy (NDA) as Navy Cadet has been arbitrarily and unreasonably rejected;

b. Issue a Writ of Certiorari calling for the relevant records and after perusal thereof, quash and set-aside the Invalidating Medical Board (IMB) proceedings held on 28.06.2021 in respect of the petitioner at Military Hospital Kirkee;

c. Issue a Writ of Mandamus thereby commanding the respondents to allow the petitioner to continue and complete his residual training at National Defence Academy (NDA) as Navy Cadet; d. Issue a Writ of Mandamus thereby commanding the respondents to allow the petitioner to rejoin the NDA immediately so that he may resume and complete his residual training at NDA and thereafter allow him to pass out from NDA after successful completion of the said residual training at NDA."

4. The petitioner had joined the NDA on 03.01.2019 after he was found medically 'fit' in all respects to undergo pre-commission training at the NDA despite having been detected with anaemia and his medical condition namely 'Beta Thalassemia Trait' (relating to anaemia) was as early as 17.10.2019. The petitioner continued in the NDA and was made to undergo all training events including intense physical training exercises like any other NDA Cadet and passed in all the military training without any problem.

5. During the aforesaid period, the petitioner successfully passed the cross-country (15 km run) in one stretch which takes place every six months. Additonally, the petitioner also participated in the physical exercises namely W.P.(C) 8698/2022 Page 2 of 4 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:01.06.2022 20:33:17

(i) 'Greenhorn Camp' which involved 25 km run with 5kgs weight/pack.

(ii) 'Camp Rovers' which involved 60km run with 15 kgs weight/pack.

6. In addition, the petitioner also participated with full vigour and enthusiasm and qualified in Horse Riding, Swimming, Physical Training and Obstacle Training almost on a daily basis as per the NDA course during the said period.

7. However, it is important to mention that the petitioner was stopped from participating in the training events even after receipt of letter dated 25.02.2021 from the Air Force Headquarter.

8. Being aggrieved by the decision of the respondent, he filed appeal on 05.07.2021. However, during the pendency of the said appeal and without adverting to it, the respondents proceeded to pass the impugned order dated 18.09.2021.

9. At this stage, without going into the merit of the complexity of the issues raised in the present petition, while setting aside the order dated 18.09.2021, we hereby direct the respondent to consider the pending appeal of the petitioner filed by him on 05.07.2021 and pass a reasoned order within a week from the receipt of this order as per law.

10. In view of the above, the present petition is disposed of alongwith the pending application.

11. Needless to state that if petitioner is still aggrieved by the decision taken in the appeal, he may challenge the same before the appropriate Court.

W.P.(C) 8698/2022 Page 3 of 4 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:01.06.2022 20:33:17

11. Order be given dasti under signatures of the Court Master.

SURESH KUMAR KAIT, J SAURABH BANERJEE, J MAY 31, 2022/rr W.P.(C) 8698/2022 Page 4 of 4 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:01.06.2022 20:33:17

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Delhi High Court - Orders