Manish Nailwal vs Directorate General Boarder ...
2023 Latest Caselaw 4439 Del

                          $~18
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                                    Judgment delivered on: 03.11.2023
                          +        W.P.(C) 12467/2023

                          MANISH NAILWAL                                                ..... Petitioner
                                                       Versus
                          DIRECTORATE GENERAL
                          BOARDER SECURITY FORCE                                      ..... Respondent

                          Advocates who appeared in this case:

                          For the Petitioner:          Mr. Manoj Kumar Mishra & Mr. Sahadev, Advocates
                                                       through VC.
                          For the Respondent:          Mr. Chiranjeev Kumar, SPC for UOI with Ms. Archana
                                                       Kumar, GP.

                          CORAM:-
                          HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                          HON'BLE MR. JUSTICE DHARMESH SHARMA
                                        JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks a direction to the respondent to conduct a Review Medical Examination of the petitioner as was advised on 25.02.2023 when petitioner was found unfit in the detailed medical examination.

2. The date for Review Medical Examination was fixed on 28.02.2023, however, petitioner could not undergo the same on the ground that his mother was seriously unwell. He sent an e-mail requesting for rescheduling of the Review Medical Examination, however, the same was not done.

Signature Not Verified Digitally Signed

Signing Date:09.11.2023 14:20:59

3. On 21.09.2023, respondent was directed to conduct a Review Medical Examination of the petitioner without prejudice to the rights and contentions of the parties.

4. Learned counsel for the respondent submits that Review Medical Examination of the petitioner was conducted and petitioner has been found fit. He submits that in accordance with the fresh medical report, further steps in the recruitment process shall be undertaken.

5. In view of the above, this petition is disposed of declaring the petitioner as medically fit for the purposes of the recruitment process. Petitioner shall participate in the further recruitment process as and when so required by the respondent.

6. In case, petitioner is found fit and qualifies based on his merit, appropriate consequential steps be also taken by the respondent.

7. Petition is disposed of in the above terms.

SANJEEV SACHDEVA, J

DHARMESH SHARMA, J NOVEMBER 3, 2023/MR

Signature Not Verified Digitally Signed

Signing Date:09.11.2023 14:20:59