Petitioner filed a writ petition seeking declaration of visual acuity as medical fit for Constable (driver) post and quashing of an order dated 22.12.2015. Since reasons were provided in the impugned order, the Court dismissed the application.
The writ petition filed by the petitioner was dismissed as the authority had passed a reasoned order.
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W.P.(C) No. 1504 of 2016
03.03.2016 Heard Mr. U.K. Samal, learned counsel for the petitioner and Mr. A.K. Bose, learned As
st. Solicitor General for Union of India.
The petitioner files this application to declare his visual acuity as medical fit to h
old the post of Constable (driver) and further seeks for a direction to quash the order dated
22nd December, 2015 under Annexure-9.
Learned counsel for the petitioner submits that the petitioner is directed to appear t
he medical test therefore, he has approached this Court by filing W.P.(C) No. 13523 of 2015, w
hich was disposed of on 10.09.2015 and this Court directed the authority to consider the griev
ance of the petitioner in accordance with law.
Mr. A.K. Bose, learned Asst. Solicitor General for Union of India submits that the gri
evance of the petitioner has been considered by way of a reasoned order on 22.12.2015 and the
authority has passed the order and there is no illegality and illegality committed by the auth
ority in passing such order, therefore, this Court should not interfere with the same.
Considering the contention raised by learned counsel for the parties and after going t
hrough the records, it appears that the petitioner has approached this Court by filing W.P.(C
) No. 13523 of 2015 and the authority has passed the impugned order on 22.12.2015 which reads
as follows:
xx xx xx
In that view of the matter, since reasons have been this Court is not inclined to ente
rtain this application. Accordingly, the same stands dismissed.
2 issues framed by the court
Whether the Court should entertain a petition seeking declaration of medical fitness for the post of Constable (driver) given that the matter was already considered by the authority.
Whether the impugned order dated 22.12.2015 passed by the authority was illegal.
Petitioner
Union of India
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court