Shivank Chaturvedi vs Union Of India And Ors
2016 Latest Caselaw 832 Del

$~2.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+     W.P.(C) 717/2016
      SHIVANK CHATURVEDI                      ..... Petitioner
                    Through: Ms. Archana Ramesh, Advocate

                        versus

      UNION OF INDIA AND ORS                     ..... Respondents
                     Through: Mr. Ajay Digpaul, CGSC with
                     Mr. Abhishek Khanna, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI
      HON'BLE MR. JUSTICE SUNIL GAUR

                        ORDER

% 03.02.2016

1. The present petition has been filed by the petitioner praying

inter alia for directions to the respondents to re-examine him

medically at Delhi on the ground that vide letter dated 19.08.2015, he

was informed that he was found unfit for enrolment in the Navy on the

ground of suffering from Chronic Septum Otitis Media (Right Ear).

2. Learned counsel for the respondents, who appears on advance

notice, opposes the maintainability of the present petition on the

ground that though the petitioner has an equally efficacious alternate

remedy of seeking a Review Medical Board, he has directly approached

this Court, which is impermissible.

3. Learned counsel for the petitioner concedes that the petitioner

has not requested the respondents to hold a Review Medical Board to

examine his medical condition and states that he shall do so at the

earliest.

4. On receiving the said representation, the same shall be

considered by the respondents and they shall intimate the petitioner in

writing the date and time for appearing before the Review Medical

Board to be held at R&R Hospital, Delhi.

5. If the opinion of the Review Medical Board favours the petitioner,

then the respondents shall take further steps in accordance with law,

failing which the petitioner shall be entitled to seek his remedies in

accordance with law.

6. The petition is disposed of.

HIMA KOHLI, J

SUNIL GAUR, J FEBRUARY 03, 2016 rkb/ap