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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Flg Offr Deepak Gupta Retd. – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 765 of 2023
Decided On : 13-02-2023
Writ of Certiorari - Medical Certificate - The court disposed of the petition by giving the petitioner an opportunity to make a representation against the medical certificate and directed the respondents to decide on the representation within four weeks.
Fact of the Case:
The petitioner filed a petition seeking the issuance of a Writ of Certiorari to set aside a medical certificate and a letter, as well as the issuance of a Writ of Mandamus directing the respondents to conduct a re-medical board.
Finding of the Court:
The court disposed of the petition by giving the petitioner an opportunity to make a representation against the medical certificate and directed the respondents to decide on the representation within four weeks.
Issues: The issues involved the validity of the medical certificate and the request for a re-medical board.
Ratio Decidendi: The court's decision was based on providing the petitioner with an opportunity to challenge the medical certificate through representation and directing the respondents to decide on the same within a specified timeframe.
Final Decision: The court directed the petitioner to make a representation against the medical certificate and directed the respondents to decide on the representation within four weeks.
JUDGMENT (oral)
1. A petition under Article 226 of the Constitution of India has been filed by the petitioner seeking following reliefs :
"Issuance of Writ of Certiorari to Set Aside Medical Certificate Dated 28.02.2022 and letter no. AV/22025/10/DMS/Med dated 09.03.2022.
b) Issuance Of Writ Of Mandamus Directing The Respondents To Conduct a Re-medical Board.
c) To pass any such direction as deemed fit by the Hon'ble Court in the facts and circumstances of the case."
2. In view of the averments made in the present petition, we hereby dispose of the present petition by giving opportunity to the petitioner to make a representation within two weeks against Medical Certificate dated 28.02.2022 and on receipt of the same the respondents are directed to decide the same within four weeks thereafter.
3. Needless to say if the petitioner is still aggrieved by the decision of the respondents, he may challenge the same before the appropriate Court.
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