HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.8028 of 2011 (O&M) Date of Decision: 23.11.2011 **** Gurbhej Singh . . . . Petitioner VS. Union of India & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Ashok Singla, Advocate for the petitioner Mr. Darshan Bishnoi, Advocate for UOI **** SURYA KANT J. (ORAL) (1). Pursuant to the order dated 20.10.2011, Harjot Singh – son of the petitioner has been re-examined by the Medical Board. The relevant extracts of the report of the Medical Board reads as follows:- “3. The findings are as under:- (a) Age – 11 years, 10 months and 10 days (b) Clinical Examination (Both feet) Patient examined in standing position from front, behind and side ways. The medial longitudinal arch was normal and the heel was in varus. Standing on tip-toe accentuates the longitudinal arch. Foot prints were examined and were found to be normal. The toes of the feet were aligned normally. No other abnormality noted. CWP No.8028 of 2011.doc - 2 – (c) Radiological findings (both feet). X-Ray both feet lateral view standing: Numbered 24899 dated 18 Nov 2011 done at Military Hospital Jalandhar. Midtalar and midcalcaneal angle Left 36°, Right - 29° (Normal range 25° to 50° weight bearing). Authority – Atlas of Radiologic measurement – Theodore and Keates – 7th Edition, and also the angle subtended by inferior border of calcaneum to horizontal are right – 22°, Left -26° (Normal range – 30°).” (2). Since the Board has categorically declared the son of the petitioner to be fit, there is no rhyme or reason for the respondents to deny him admission in Class VI in the Sainik School, Kapurthala on the basis of his ranking in the All India Sainik School Entrance Examination, 2011. (3). In this view of the matter, the writ petition is allowed and the son of the petitioner (Harjot Singh) is directed to be admitted in the aforesaid School forthwith but not later than one week from the date of receipt of a certified copy of this order. (4). The original report of the Medical Board re-constituted under the orders of this Court is returned to Mr. Darshan Bishnoi, counsel for the respondents. It may, however, be observed that this Court would not have ordinarily directed medical re-examination after the Medical Board has already expressed its final opinion. However, it was in the 2 CWP No.8028 of 2011.doc - 3 – peculiar facts and circumstances of this case and the high ranking of the petitioner in the All India Sainik Entrance Examination,which has prompted this court to issue the above direction. (5). Ordered accordingly. Dasti. 23.11.2011 vishal shonkar (S u r y a K a n t) Judge 3