Vijay Kumar vs Union Of India And 4 Others
2023 Latest Caselaw 1618 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 14 of 2023
 

 
Appellant :- Vijay Kumar
 
Respondent :- Union Of India And 4 Others
 
Counsel for Appellant :- Laloo Yadav,Kiran Rani
 
Counsel for Respondent :- A.S.G.I.
 

 
Hon'ble Manoj Misra,J.

Hon'ble Vikas Budhwar,J.

We have heard Sri Laloo Yadav for the appellant and Sri R.K. Kaushik for the Respondents.

This intra-court appeal is against the judgment and order of the learned Single Judge dated 25.11.2022 in Writ-A No. 16016 of 2022, whereby Writ-A No.16016 of 2022 filed by the petitioner questioning his declaration as unfit, on account of hypertension, has been dismissed.

Allegation of the appellant is that the Medical Board had wrongly declared the writ petitioner as having hypertension, particularly, when the check-up at Swaroop Rani Hospital, Prayagraj indicated his blood-pressure as 116/75.

The learned Single Judge did not accept the above contention on the basis of material produced by the Standing Counsel indicating that the blood-pressure of the petitioner was monitored for three days and the review Medical Board had found it on the higher side. The relevant documents in respect thereof were produced before the learned Single Judge duly signed by the doctors who monitored the writ petitioner.

There is no allegation in the writ petition with regard to any malafides or improper motives for the doctors to declare him unfit.

In such circumstances, we find no merit in this appeal and the same is dismissed.

Order Date :- 16.1.2023

N.S.Rathour