* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 14th July, 2010 + WP (C) No.4592/2010 & CM No.9083/2010 NARESH KUMAR ..... Petitioner Through Ms. Rekha Palli, Adv. with Ms. Punam Singh, Adv. & Ms. Amrita Prakash, Adv. versus UNION OF INDIA & ORS. ..... Respondents Through Mr. Madan Gera, Adv. with Mr. Ashok Singh, Adv. for UOI. CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE J.R. MIDHA 1. Whether reporters of local papers may be allowed to see the Judgment? No 2. To be referred to the Reporter or not? No 3. Whether the judgment should be reported in the No Digest? GITA MITTAL, J (Oral) 1. The present petitioner had applied for appointment to the post of Constable (Bigular) in September-October, 2009. He is stated to have succeeded in the physical test, trade test and the written test which was conducted during the recruitment process. However, the petitioner was declared medically unfit by an order passed on 9th March, 2010 on the ground that his X-Ray depicted Bilateral Apical Reticulonodular Opacity also in mid lung zone. Placing reliance on his medical examination by the Department of Medicine in the Safdarjung Hospital. The petitioner made a prayer to the respondents for conduct of a review medical board. WP (C) No.4592/2010 Page No.1 2. The petitioner's request has been rejected by the impugned order dated 12th April, 2010 by the respondents on the sole ground that the application for the review medical board was belated. 3. Having regard to the afore-noticed facts and circumstances, we are of the view that interests of justice merit that the petitioner's prayer for review medical board deserves to be considered on merits and ought not to be rejected on the sole ground that the same had been received belatedly. The petitioner has disputed the delay. However, for reasons of expediency and in the interest of justice, we are not going into the rival contentions on this issue. 4. Accordingly, we issue a direction to the respondents to consider the petition dated 18th March, 2010 of the petitioner making a prayer for a review medical board on merits and pass an order thereon within a period of six weeks. Further action shall be taken by the respondents in accordance with the decision which is taken thereon. 5. A request is made by learned counsel for the petitioner that having regard to the fact that the petitioner is located in a small village in district Jhunjhunu, Rajasthan, the order which is passed by the respondents on the petitioner's prayer for a review medical board, be communicated upon her office to enable her to inform the petitioner. This request is reasonable and is accepted. 6. The respondents are directed to communicate the order which is passed on the petitioner's request for review medical board to the office of the learned counsel at the address disclosed in the present petition. WP (C) No.4592/2010 Page No.2 This writ petition and application are allowed in the above terms. Copy of this order be given dasti to the parties. GITA MITTAL, J J.R. MIDHA, J JULY 13, 2010 aa WP (C) No.4592/2010 Page No.3