K.C. Gupta, J. - (1.) THIS writ petition has been filed by Sunil Dagar under Article 226 of the Constitution of India for issuance of a writ of certiorari for quashing Annexure P -7 whereby the petitioner's right to Review Medical Board had been denied and further by way of writ of mandamus, it was prayed that the respondents be directed to conduct Review Medical Board for the petitioner and to send him to the next National Defence Academy Course.
(2.) BRIEFLY stated, the facts are that the petitioner applied for National Defence Academy Course (hereinafter referred to as "N.D.A. Course") in December, 1999. He appeared in the written test for the N.D.A. Course conducted by the respondents and cleared it. He also cleared the Service Selection Board interview on 28.4.2000 and was declared selected for the N.D.A . Course by securing 81 rank. The petitioner was sent to medical examination for N.D.A. Course at Military Hospital, Bhopal. The Special Medical Board examined him on 3.5.2000 and declared his unfit/Temporary unfit for the N.D.A Course vide certificate Annexure P -1 has he was stated to be suffering from Aone Vulgris, Cardiac murmur and digital tremors. Against the said decision, the petitioner preferred an appeal and reported at Base Hospital, Delhi Cantt. on 5.5.2000. He was ultimately examined by the Appeal Medical Board at Base Hospital, Delhi Cantt on 17.5.2000. According to the Appeal Medical Board (Annexure P -3), he was declared suffering from only one ailment i.e. digital tremors. Against the said examination, the petitioner on 12.6.2000, went to the Recruiting Directorate to challenge the findings of the Appeal Medical Board before Review Medical Board within fourteen days. However, the Joint Director in the Directorate refused to entertain him on account of delay in approaching the Directorate for Review Medical Board. Thereafter, he got himself examined from Medical Officer, General Hospital, Sonepat, on 14.6.2000 and he was declared medically fit vide Annexure P -4. Again, the petitioner represented to respondent Nos. 2 and 3 for conducting the Review Medical Board vide Annexures P -5 and P -6. However, respondent No. 2, vide Annexure P -7 informed him that since 104 N.D.A. Course has already started from 21.6.2000, so no time was available for conducting his Review Medical Board. The refusal to conduct Review Medical Board vide Annexure P -7 is the subject -matter of challenge in the present writ petition.
(3.) ON notice of motion having been issued on 15.9.2000, the respondents filed reply.;