Manish Kumar vs Union Of India & Ors.

By way of the present petition, petitioner seeks issuance of a writ of mandamus directing the respondents for convening Medical Board of petitioner to ascertain his medical/physical condition and fitness for duty and thereafter deployment of the petitioner on a post which commensurates with his medical/physical condition of petitioner as assessed by the Medical Board.

Notice issued. Learned counsel for respondents accepts notice on behalf of the respondents.

In view of the averments made in the present petition and the submissions made by the learned counsels for the parties, in the interest of justice, we hereby dispose of the present petition by directing the respondents to constitute a Medical Board to examine the medical condition of the petitioner, and decide as to whether the petitioner is suffering from ‘seronegative Rheumatoid arthritis’ and if so, under what category of the disability criteria he would lie, within four weeks from today. The respondents shall communicate the decision of the same to the petitioner within one week thereafter.

Needless to state that if the petitioner is still aggrieved by the decision of the Medical Board, he may challenge the same before the appropriate forum.

Accordingly, petition is disposed of.