Ajay vs Union Of India And Anr
2024 Latest Caselaw 20739 P&H

Punjab-Haryana High Court

Ajay vs Union Of India And Anr on 21 November, 2024

                                   Neutral Citation No:=2024:PHHC:154644




                                                                           -1-
CWP-851-2020
        2020

       IN THE HIGH COURT OF PUNJAB & HARYANA AT
                      CHANDIGARH

239                                            CWP-851-2020
                                               Date of decision: 21.11.2024

Ajay
                                                                ....Petitioner

                                    Versus
Union of India and another
                                                              ...Respondents


CORAM: HON'BLE
       HON BLE MR. JUSTICE AMAN CHAUDHARY

Present :    Mr. S.S.Duhan, Advocate,
             for the petitioner.

             Mr. Vijay Kumar Chaudhary, Sr. Panel Counsel,
             for the UOI-respondents.

                          *****

AMAN CHAUDHARY, J. (ORAL)

1. Prayer made in the present petition is for quashing the

impugned orders dated 30.07.2019 and 20.11.2019 (Annexure P P-8) and

(Annexure P-20), P 20), whereby the petitioner has been declared unfit for

selection of Airman X Group, regarding which reliance is placed on the

report of Pt. B.D.Sharma, PGIMS, Rohtak (Annexure P P-16).

2. Learned counsel were ad idem that the issue involved is

pending in LPA-690-2020, LPA Union of India and others vs. Neeraj Mor,

as recorded in the order dated 04.12.2020, in wake of which the matter

was adjourned sine die, to be listed after decision of the said LPA LPA, which

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Neutral Citation No:=2024:PHHC:154644

now stands allowed, vide judgment dated 23.05.2022, operative part

whereof reads thus:

"In such circumstances, we are of the considered opinion that the learned Single Judge was justified as such in ordering the re-examination by the Medical Board and no prejudice has been caused to the Union of India.

Accordingly, the present appeal is misconceived and is dismissed."

4. In the judgment that was made subject matter of the above

Letters Patent Appeal, it had been observed and held thus:

"In view of above without adverting on to the merits of the case, the present case stands disposed off with directions to the respondents to conduct a fresh medical examination by constituting a Medical Board at All India Institute of Medical Science or Command Hospital Hissar or PGIMER, Chandigarh or at the Army Hospital Research and Referral Institute or any other institute, which the respondents may so wish.

Let needful be done within a period of two months from today. The petitioner shall bear all the expenses.

In case, the petitioner is found medically fit, then he would be given the benefit of his earlier selection and deputed for training, in accordance with law."

5. Learned counsel for the respondents despite his best efforts is

unable to controvert the factual position and draw out any distinctive

aspects in the aforementioned judgment or cite any contrary law.

6. In wake of the above, the present petition is disposed of in

terms of Union of India and others (supra).

21.11.2024                                           (AMAN CHAUDHARY)
parveen kumar                                              JUDGE

Whether speaking/reasoned : Yes / No Whether reportable : Yes / No

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