Delhi High Court - Orders
Nishant Kumar vs Union Of India & Ors on 19 June, 2020
Author: Rajiv Sahai Endlaw
Bench: Rajiv Sahai Endlaw, Asha Menon
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 3626/2020, C.M. Nos.12918-12920/2020
NISHANT KUMAR .....Petitioner
Through: Mr.Manjeet Singh and
Ms.Samvedna Verma, Advocates
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr.Nirvikar Verma, Senior Panel
Counsel for respondents
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 19.06.2020 [VIA VIDEO CONFERENCING]
C.M. Nos.12919/2020 & 12920/2020 (for exemption from filing certified/typed/translated copies of annexures and court fees.)
1. Allowed, subject to just exceptions and as per extant rules.
2. The applications are disposed of.
W.P. (C) 3626/2020, C.M. No. 12918/2020 (for stay)
3. The petitioner, an applicant for the post of Airman (X & Y Group), having been declared medically unfit and having been informed of the opportunity to appeal thereagainst, has filed this petition stating that the Appeal Medical Board has not been constituted and seeking constitution W.P. (C) 3626/2020 Page 1 of 3 thereof. It is the contention of the petitioner that owing to the delay on the part of the respondents in constituting the Appeal Medical Board, the petitioner's name has not been included in the provisional Select Lists published on 31st May, 2020 and Enrolment List published on 9th June, 2020.
4. Mr.Nirvikar Verma, counsel for the respondents appearing on advance notice states that the petitioner has concealed material facts. It is stated that the petitioner had appeared before the Review Medical Board on 29th January, 2020 and was asked to participate in further examination, but failed to appear/participate and was on 1st February, 2020, declared medically unfit. It is further stated that the representation made by the petitioner has also been rejected on 15th June, 2020.
5. On inquiry, whether the petitioner had participated in the Appeal Medical Board proceedings of 29th January 2020, though the counsel for the petitioner replies in the affirmative but states that the petitioner was not informed of any further examination. Attention is drawn to Annexure P-10, being communication dated 4th March, 2020, informing the petitioner that the Board had till then not received the Appeal Medical Board documents.
6. Since the facts are not clear, it is deemed appropriate to issue notice.
7. Notice is accepted by Mr.Nirvikar Verma, senior panel counsel for the respondents.
W.P. (C) 3626/2020 Page 2 of 38. Counter affidavit be filed within two weeks, as sought.
9. Considering that the petitioner, if entitled to be enrolled as Airman, should not be deprived of the opportunity to join along with his contemporaries, it is made clear that no further time for filing the counter affidavit would be granted.
10. Rejoinder be filed before the next date of hearing.
11. List on 16th July, 2020.
RAJIV SAHAI ENDLAW, J.
ASHA MENON, J.
JUNE 19, 2020 s W.P. (C) 3626/2020 Page 3 of 3