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2019 DIGILAW 178 (PNJ)

SOUMAY RAI GUPTA v. UNION OF INDIA

2019-01-16

TEJINDER SINGH DHINDSA

body2019
JUDGMENT : TEJINDER SINGH DHINDSA, J. 1. In furtherance of the order dated 7.1.2019 passed by this Court, Mr. Ankur Sharma, Advocate representing respondents no.1 to 3 and 5 submits that the medical examination which had been got conducted at P.G.I.M.E.R., Chandigarh cannot be granted any weightage as the documents of P.G.I.M.E.R relied upon by the petitioner in the writ petition do not reflect the name of the doctor/unit, who had examined him. 2. It is a case with regard to admission of the petitioner in Class 8th at the Rashtriya Indian Military College(R.I.M.C), Dehradun. Apparently the petitioner inspite of having secured first position in the All India Merit in the Entrance Examination conducted for purposes of admission, has been declared unfit on account of distant vision-Myopia. 3. The vision standards are contained under Articles 8 and 11 of the RIMC Regulations and are in the following terms:- Standard-I Both Eyes 6/6 Worse Eye 6/18 (a) Distant Vision (Uncorrected) Standard-II (b) Distant Vision Better Eye 6/18 Correctable to 6/6 Correctable to 6/9; 4. Since the issue involves the career of the petitioner, this Court deems it fit to elicit an expert opinion with regard to vision status of the petitioner from P.G.I.M.E.R, Chandigarh. 5. Hearing in the instant petition is deferred to 25.1.2019. 6. In the meanwhile, the Director, P.G.I.M.E.R, Chandigarh is requested to constitute a Board of Doctors to examine the petitioner. This Court also considers it appropriate that a medical expert/Ophthalmologist from the defence authorities i.e. from Command Hospital, Chandi Mandir be also associated by the Medical Board while examining the petitioner. The Director, P.G.I.M.E.R, Chandigarh is further requested to fix a particular date and time for examination of the petitioner and to convey such date and time to the counsel for the petitioner, who in turn would be duty bound to get in touch with the concerned authorities at Command Hospital, Chandi Mandir for necessary compliance. 7. Report of the Medical Board be submitted and placed on record prior to the adjourned date. 8. A copy of this order be furnished to counsel for the parties under the signatures of Bench Secretary.