Ravi Ranjan Kuma vs Union Of India And Ors
2012 Latest Caselaw 5629 Del

8
*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                     +      W.P.(C) 5924/2011

%                               Date of decision: 18th September, 2012

       RAVI RANJAN KUMAR                       ..... Petitioner
                    Through :             Mr. Narender Datt Kaushik,
                                          Adv.
                versus
       UNION OF INDIA AND ORS         ..... Respondents
                       Through : Mr. Romil Pathak, Adv. for
                                 Dr. Ashwani Bhardwaj,
                                 Adv.
       CORAM:
       HON'BLE MS. JUSTICE GITA MITTAL
       HON'BLE MR. JUSTICE J.R. MIDHA

GITA MITTAL, J. (Oral)

1. The instant writ petition was filed by the petitioner assailing the failure of the respondents to grant the petitioner promotion to the post of Assistant Commandant in the Limited Departmental Competitive Exam in the CRPF held in the year 2008-09 on the ground that he was medically unfit as he was suffering from colour blindness. The petitioner has placed reliance on the judgment dated 22nd March, 2011 passed in WP(C)No.5077/2008, Sudesh Kumar v. Union of India & Anr., holding that the declaration of medical unfitness on the ground of colour blindness would not hold good in respect of the persons who were not so declared at the time of their initial appointment.

2. The petitioner has also placed reliance on the circular dated 2nd December, 2011 issued by the Directorate General, CRPF to the effect that the Limited Departmental Examination is a mode of promotion and not direct recruitment. This circular would obviously bind the consideration of the prayer made by the petitioner.

3. Learned counsel for the petitioner submits that he has instructions to state that the petitioner is willing to undertake the Review Medical Board.

4. In view of the above, the respondents shall inform the petitioner as well as his counsel within two weeks from today of the date and place to which the petitioner has to report for the Review Medical Board. The proceedings of the Review Medical Board shall be completed within a period of four weeks thereafter and order in terms of the judgment of this court in Sudesh Kumar (Supra) passed on 22nd March, 2011, in favour of the petitioner shall be passed within a period of four weeks thereafter.

5. Needless to say that if the petitioner is aggrieved by any order passed by the respondents, it shall be open to him to assail the same by way of appropriate proceedings in accordance with law.

This writ petition is disposed of in the above terms. Dasti.

GITA MITTAL, J

J.R. MIDHA, J SEPTEMBER 18, 2012 aj