Ajit Kumar vs Union Of India And 3 Others
2022 Latest Caselaw 22101 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 20255 of 2022
 

 
Petitioner :- Ajit Kumar
 
Respondent :- Union Of India And 3 Others
 
Counsel for Petitioner :- Rakesh Kumar Pal,R.K. Singh. Rajput
 
Counsel for Respondent :- A.S.G.I.
 

 
Hon'ble Pankaj Bhatia,J.

Heard the counsel for the petitioner and Sri Shashank Tripathi the counsel for the respondents.

The grievance of the petitioner is that the petitioner was found to be unfit on account of medical conditions as noted in the medical examination dated 23.09.2022. The petitioner appeared before the review medical board which too found the petitioner to be unfit vide report dated 31.10.2022.

The contention of the counsel for the petitioner is that subsequent to the two medical examinations, the petitioner got his hearing assessment done from another hospital at Singrauli wherein nothing wrong was found with the hearing sensitivity of the petitioner. The petitioner relies upon a judgment of the Rajasthan High Court in the case of Gurjar Rajveer Singh vs. The Union of India and others in WP No.11877 of 2020 decided on 17.02.2021 wherein the Court had directed the petitioner therein to deposit an amount of Rs.20,000/- and was directed to be examined by the review medical board. The review medical board found the petitioner therein to be medically fit.

In the present case, the petitioner has already undergone the medical examination before the medical board as well as before the review medical board. Thus, the judgment as cited by the petitioner is not applicable to the present case.

Considering the fact that the petitioner has already been examined twice and has been found to be medically unfit and there being no rule for further medical examination, no relief can be granted to the petitioner.

The writ petition lacks merit and is dismissed.

Order Date :- 20.12.2022

VNP/-