RAVI SHANKER JHA, CHIEF JUSTICE

CM-2901-LPA-2021

1. For the reasons stated in the application, duly supported by an affidavit, delay of 48 days in filing the appeal is condoned.

2. Application is, accordingly, allowed.

LPA-1240-2021(O&M )

3. This appeal has been filed by the appellant being aggrieved by the order dated 22.07.2021 passed in CWP-13255-2021 as well as order dated 11.10.2021 passed in RA-CW-243-2021, whereby the writ petition as well as the review application filed by the appellant have been dismissed.

4. The writ petition was filed by the appellant being aggrieved by the medical unfitness certificate dated 06.02.2021 issued by the Medical Board of the respondents and the order dated 22.03.2021 passed by the Appeal Medical Board of the Central Airmen Selection Board, New Delhi (respondent No.2).

5. Having heard learned counsel for the parties and perused the record, we find that the order passed by the learned Single Judge does not call for any interference.

6. It is, however, submitted by learned counsel for the appellant that subsequent to the decision of the writ petition, the medical expert of the Cardiology Department of Pt. B.D. Sharma, PGIMS, Rohtak, has issued a medical certificate stating that the appellant has no cardiac symptoms at present or in past; his CVS examination is normal; that his ECG was not showing any evidence of Left Ventricular Hypertropy (LVH), LAHB, LAD; and that his echocardiography was normal. Learned counsel submits that previously also, PGIMS Rohtak as well as Maharaja Agrasen Medical College & Hospital, Agroha (Hisar) had given a clean chit to the appellant. But these reports given by the medical experts of the Government Institutions were not brought to the notice of or considered by the Appeal Medical Board of respondent No.2. He requests that the respondent authorities may look into the aforesaid reports and, if so required, re-consider their decision.

7. Learned counsel appearing on behalf of the respondents submits that in case the appellant does approach the respondent authorities and places all these medical reports before them, they shall still look into the same and take a decision in accordance with the Rules.

8. To this, learned counsel for the appellant fairly submits that after taking into consideration all the medical reports submitted by the appellant whatever decision would be taken by the Appeal Medical Board, the same shall be accepted as final by the appellant.

9. In view of the aforesaid statements of learned counsel for the parties, and taking the same on record, this appeal is disposed of in terms thereof.