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DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Kapil Gurjar – Appellant
Versus
Ministry of Railways – Respondent
| Table of Content |
|---|
| 1. petition disposed with specific directions (Para 1 , 2 , 9 , 10) |
| 2. petitioner seeks provisional appointment post medical rejection (Para 3 , 4 , 5 , 6) |
| 3. court directs tribunal to expedite judgment (Para 7 , 8) |
CM APPL. 39417/2022 (for exemption)
1. Allowed, subject to all just exceptions.
2. Application is accordingly disposed of.
W.P.(C) 13011/2022
3. Vide the present petition, petitioner is seeking following reliefs:
"(i) Direct `Provisional Appointment' of Petitioner to the post of Sub-Inspector (RPF, Armed Force of Union), after ex-parte stay of the impugned order dated 08.07.2019, in view of the Judgment of this Hon'ble Court in `M. Sreeja K. vs Union of India & Ors.' (Page XX) and recruitment notification (Page XX) of Armed forces dated 18.08.2020 permitting "LASIK Surgery" and,
(ii) Further direct that in case the Tribunal upholds jurisdiction of C.A.T. in pending O.A. 42/2020 titled "Kapil Gurjar vs ministry of Railways & Anr.", the Tribunal would remain independent to pass such appropriate orders on merit as it deems appropriate in accordance with law without being influenced by the Order of this Hon'ble Court in present W.P."
4.
Administrative Tribunal must expedite judgment delivery in pending cases, emphasizing timely resolution and jurisdiction integrity.
The court affirmed the principle of providing alternative employment to medically unfit candidates, emphasizing timely action and adherence to judicial discipline.
The judgment of the Supreme Court declaring the benefit of undergoing lasik surgery to be applicable only prospectively and not available to people who had not agitated their rights, has no bearing o....
Subsequent medical standard amendments post-advertisement cannot disqualify serving candidates eligible under original rules.
The court emphasized the need for finality in the selection process and the importance of adhering to the prescribed vision standards, highlighting the limitations on repeated medical examinations in....
Repeated confirmations of medical fitness from multiple boards supersede initial unfitness declarations, emphasizing fair procedural standards in recruitment.
The court emphasized the importance of complying with the vision standards prescribed for the selection process and directed re-medical examination for the petitioner to ensure fairness in the recrui....
The appointment of the last selectee to the post shall be subject to the outcome of the Original Application.
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