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SCA/7402/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7402 of 2011
=========================================================
VAGHELA
PARESH LAXMANBHAI - Petitioner(s)
Versus
GUJARAT
GAUN SEVA PASANDGI MANDAL THROUGH SECRETARY & 4 - Respondent(s)
=========================================================
Appearance
:
MR
KAUSHAL D PANDYA for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 14/07/2011
ORAL
ORDER
Heard
learned advocate Mr. Pandya, appearing on behalf of petitioner and
learned AGP, Mr. Sharma, appearing on behalf of respondent nos. 2,3
and 4.
The
petitioner has been declared unfit in medical examination, against
which a complaint was made by petitioner to respondents authority and
also requested that he is to be examined again by civil surgeon. In
response to grievance / complaint made by petitioner to respondent
nos. 2 and 3, a deputy administrative officer has approached to
Director of Health & Medical Services, Gandhinagar in case , if
there is some mistake or mischief committed in medical examination of
petitioner then it required to be reexamined by Director of Health &
Medical Services. Therefore, aforesaid letter has been written by
In-charge Deputy Administrative Officer Mr. J.V. Shah to Director of
Health & Medical Services dated 2nd April,2011 but
thereafter no answer has been given by Director of Health &
Medical Services. Therefore, it is directed to Director of Health &
Medical Services to consider letter dated 2nd April,2011
sent by one Mr. J.V. Shah, In-charge Deputy Administrative Officer
and further made inquiry whether any mistake or mischief has been
committed in medical examination of petitioner or not and if it is
found, then it is open for Director of Health & Medical Services
to again require medical check-up of petitioner by different Civil
Surgeon, so doubt or complaint made by petitioner can be resolved by
medical check-up in different hospital. Let this exercise is to be
carried out by Director of Health & Medical Services within a
period of six weeks from the date of receiving copy of present order
and communicate decision immediately to petitioner.
In
view of above observations and directions, present petition is
disposed of by this Court without expressing any opinion on merits.
Direct service is permitted.
(H.K.RATHOD,J.)
Vahid
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