Gujarat High Court
Soni Manthan Chandrakantbhai vs The Reserve Bank Of India on 9 November, 2023
Bench: Cheekati Manavendranath Roy
NEUTRAL CITATION
C/LPA/833/2023 ORDER DATED: 09/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 833 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 12862 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In R/LETTERS PATENT APPEAL NO. 833 of 2023
With
CIVIL APPLICATION (FOR JOINING PARTY) NO. 2 of 2022
In R/LETTERS PATENT APPEAL NO. 833 of 2023
With
CIVIL APPLICATION (FOR ADDITIONAL EVIDENCE) NO. 3 of
2022
In R/LETTERS PATENT APPEAL NO. 833 of 2023
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SONI MANTHAN CHANDRAKANTBHAI
Versus
THE RESERVE BANK OF INDIA
==========================================================
Appearance:
SWAPNESHWAR GOUTAM(9051) for the Appellant(s) No. 1
MR KAMAL B. TRIVEDI, SR. ADVOCATE MR AMAR N BHATT with
MR. VAIBHAV GOSWAMI(160) for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH
ROY
Date : 09/11/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
Pursuant to the order dated 03.10.2023 read
with order dated 16.10.2023, the medical
examination of the appellant was undertaken and
opinion including further opinion was placed on
record.
2. The sealed cover produced by learned Assistant
Government Pleader Ms. Shruti Dhruve containing the
NEUTRAL CITATION
C/LPA/833/2023 ORDER DATED: 09/11/2023
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report of the expert committee of the Doctors of M
& J Institute of Ophthalmology, Civil Hospital,
Ahmedabad, dated 06.11.2023 was opened in the
presence of learned advocate for the appellant Mr.
Swapneshwar Goutam as well as in presence of
learned senior advocate Mr. Kamal B. Trivedi with
learned advocate Mr. Amar Bhatt for the respondent
Reserve Bank of India. The said report was taken
on record.
3. It is pertinent to notice the opinion of the
panel doctors who stated inter alia as under,
"We reviewed the case and found that candidate
was diagnosed to have Both eye High Myopia
with Retinal involvement during the
examination conducted at M & J Institute of
ophthalmology dated 7/8/2023.
After reviewing his case as desired by the
honourable court the committee has the opinion
that Mr. Mantha Chandrakant Soni has High
myopia with retinal involvement which is a
progressive diseases so the Mr. Soni may not
be able to perform duties mentioned in the job
chart consistently with due sustained ease and
efficiency during the entire tenure of his
service."
4. Learned advocate for the appellant stated that
he has instructions to withdraw the present Letters
Patent Appeal. In that regard, he produced copy of
the letter dated 09.11.2023 along with email
communication received from the appellant
NEUTRAL CITATION
C/LPA/833/2023 ORDER DATED: 09/11/2023
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instructing him to withdraw the petition.
5. The said copy shall also remain on record.
6. It is clarified that this order is confined to
the facts of the case and the non-eligibility of
the appellant-petitioner as well as the opinion of
the doctors about eye vision of the appellant is in
the specific context of the post and the job
profile thereof.
6.1 Neither the judgment of learned Single Judge
nor the opinion of the experts, nor the present
order dismissing the appeal shall come in the way
of the appellant in securing any job, which may be
offered to him.
7.The appeal stands dismissed as withdrawn.
All the Civil Applications would not survive
in view of the disposal of the Letters Patent
Appeal.
(N.V.ANJARIA, J)
(CHEEKATI MANAVENDRANATH ROY, J)
BIJOY B. PILLAI
