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2021 Supreme(Del) 1425

MANMOHAN, NAVIN CHAWLA
Mukesh Kumar – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Mr. Yashpal Singh Rangi, Advocate, for the Petitioner; Mr. Neeraj with Ms. Sahaj, Mr. Vedansh Anand amd Mr. Rudra Paliwal, Advocates, for the Respondents

JUDGMENT

Manmohan, J. (Oral). - The petition has been heard by way of video conferencing.

2. Present writ petition has been filed challenging the findings of the initial Medical Board and the Review Medical Board dated 14th September 2021 and 15thSeptember 2021 respectively, whereby petitioner has been declared medically unfit for appointment as Constable (Driver) in the ITBP.

3. Learned counsel for the Petitioner states that the Petitioner was examined in haste by the doctor in the Review Medical Board and declared unfit on account of ‘defective colour perception CP-IV’. He states that during the Ishihara test, i.e the test for colour vision/blindness, the Petitioner was hardly given three seconds per plate as opposed to the standard five seconds time given per plate.

4. He further contends that even though the impugned review medical unfitness certificate shows the signature of three doctors, yet at the time of medical examination, only one doctor i.e. Dr. Niraj Kumar was present.

5. He also emphasises that in a similar writ petition being W.P.(C) No.12556/2021 arising out of the same Review Medical Board, this Court has already issued notice.

6. Admittedly, both in the initial Medical

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