- (1.) IN this writ application the petitioner has prayted for quashing the impugned letter contained in Memo No. 1233 dated 23.2.06 (Annexure -11) whereby the petitioner 'sclaim for extending the benefit of Clause 9.4.0 of NCWA -VII has been regretted without assigning any reason. The grievance of the petitioner is that he is entitled for the benefit of Clause 9.4.0 of NCWA -VII, but the same has been denied to him on the basis of the perfunctory report of the Medical Board. It has been submitted that the Apex Medical Board in Column 11 of its report has given its opinion only mentioning "not recommended for 9.4.0" without assigining any reason as to why the said recommendation has been refused when the leprosy has been found on the person of the petitioner causing deformity of hands and feet.
(2.) COUNTER affidavit bas been filed by the respondents stating, inter alia, that the impugned order contained in letter dated 23.2.06 (Annexure -11) has been sent on the basis of the recommendation of the Apex Medical Board and there is no arbitrariness and illegality in the said letter. It has been further stated that the petitioner has crossed 59 years of age and the petitioner is not entitled to the benefit of the Clause 9.4.0 of NCWA -VII which is to be given only before 58 years. After hearing learned counsel for the parties and considering the materials on record, I find that the petitioner had applied for the benefit of the Clause 9.4.0 as far back as on 9.1.03 i.e. much before he had attained the age of 58 years. However, the Apex Medical Board conducted examination belatedly on 22.8.05 which would be evident from Annexure -A enclosed by the respondents with their counter affidavit. In view thereof, it is evident that the delay was not on the part of the petitioner rather the delay was on the part of the respondents and the respondents cannot deny the benefit of Clause 9.4.0 on the ground of the said delay. The Apex Medical Board has also not recorded any reason for not recom mending the petitioner for the benefit of Clause 9.4.0. No speaking reason has been assigned for denying the said benefit to the petitioner. The impugned letter (Annexure -11) based on the said cryptic report cannot be held to be proper, legal and justified and on the basis of such mechanical medical report, the petitioner 'svaluable right cannot be denied. The impugned Annexure -11 being not based on any valid reason, cannot sustain and the same is, hereby, quashed.
(3.) HOWEVER , the respondents are at liberty to constitute a fresh Medical Board for the said purpose and to pass appropriate order in accordance with law before the petitioner 'sretirement.;