Delhi High Court - Orders
Mr. Yogesh vs Union Of India And Ors on 14 February, 2019
Author: S. Muralidhar
Bench: S.Muralidhar, Sanjeev Narula
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
16
+ W.P.(C) 242/2019
MR. YOGESH ..... Petitioner
Through: Mr J.R. Rana, Advocate.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr Vivek B. Saharya, Senior Panel
Counsel for UOI.
CORAM:
JUSTICE S.MURALIDHAR
JUSTICE SANJEEV NARULA
ORDER
% 14.02.2019 W.P.(C) 242/2019 & CM 6418/2019 (interim relief)
1.With the consent of the parties, the writ petition itself is heard finally.
2. The Petitioner has been rejected for admission to the National Defence Academy („NDA‟) on medical grounds on account of two specific issues;
(i) Cubitus Valgus; and
(ii) Overriding 5th toe over 4th toe (left)
3. The initial medical examination of the Petitioner by a Special Medical Board took place on 3rd August, 2018. Thereafter, the Petitioner sought for and was examined by the Appellate Medical Board („AMB‟) on 11th September, 2018, where he was again declared unfit on account of both of the above disabilities.
4. It appears that more than three months thereafter, the Petitioner got himself examined on 20th December, 2018 at the All India Institute of Medical Sciences („AIIMS‟) in the Out-Patient Orthopaedic Department and a general certificate appears to have been issued about "no orthopaedic intervention required". It is on this basis that the Petitioner is seeking a further examination by a Review Medical Board and has accordingly filed the present petition.
5. This Court has perused the original medical records and finds that in the AMB which examined the Petitioner on 11th September, 2018, a Specialist Orthopaedic did examine him, while confirming the two disabilities. This Court, therefore, is not persuaded that this is a case which requires any further medical examination.
6. The petition and the application are accordingly dismissed. No costs.
7. The next date i.e. 29th April, 2019, already fixed in the matter, stands cancelled.
S. MURALIDHAR, J.
SANJEEV NARULA, J.
FEBRUARY 14, 2019 rd