Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK RVWPET No. 293 of 2025 Akshaya Kumar Jena ..... Petitioner Mr. A.K. Dash, Adv. -versus- Union of India, (Ministry of Defence) & Ors. ..... Opposite Parties Mr. D. Gochhayat, CGC CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 29.01.2026 Order No. 01 1. This matter is taken up through hybrid mode. 2. Heard learned counsel appearing for the parties. 3. The present Review Petition has been filed inter alia seeking review of order dt.12.11.2025, whereby this Court disposed of the Writ Petition without allowing the Petitioner for his re-examination in any of the Medical institution, after he was declared unfit by the Medical Board. 4. Learned counsel appearing for the Petitioner contended that while disposing the Writ Petition vide order dated 12.11.2025, this Court never take into consideration the fact that petitioner was noticed to appear before the Appellate Medical Board vide notice dated 04.10.2025 with a request to appear before the Appellate Medical Board for collection of the red card. It is contended that since such a letter was received by the Petitioner on 16.10.2025 and the date of appearance was 13.10.2025, the said fact was not dealt with properly by this Court while disposing the matter. Page 2 of 3. 4.1. It is contended that since Petitioner could not appear before the Appellate Medical Board in terms of letter dated 04.10.2025, because of the delayed receipt and the said fact was not considered in its proper perspective, Order dated 12.11.2025 so passed by this Court requires a review. 5. Mr. D. Gochhayat, learned CGC on the other hand contended that such a letter was issued by the Appellate Medical Board on 04.10.2025 asking the Petitioner to appear on 13.10.2025 in order to enable the Petitioner to receive the red card, which means that Petitioner has been disqualified in the physical efficiency test. 5.1. It is contended that even if Petitioner will be permitted to receive the said card with fixation of another date, but it will no way improve the Petitioner’s claim as he has already been disqualified by the Medical Appellate Board and for that purpose only he was asked to appear and to receive the red card. It is accordingly contended that there is no ground for review. 6. Having heard learned counsel for the Parties and considering the submission made, this Court finds that the Writ Petition was filed by the Petitioner with a prayer to permit him to be re-examined by any other medical institution after he was declared unfit by the Medical Board and by the Appellate Medical Board. 6.1. This Court did not accede to such prayer, taking into account the fact that there is no such provision for re-examination of a candidate, after he was declared medically unfit by the original Authority and thereafter by the Appellate Medical Board. Since there is no such provision to refer the Petitioner for re-examination to any other Page 3 of 3. institution, this Court did not accept the said prayer, while disposing of the matter vide order dated 12.11.2025. 6.2. The plea taken in the Review Petition that as Petitioner could not appear before the Medical Board in terms of letter dated 04.10.2025 because of delayed receipt of the same, as per the considered view of this Court, will no way improve the claim of the Petitioner, as vide the said letter, Petitioner was asked to receive the red card, which means the disqualification report of the Petitioner by the Medical Appellate Board. 6.3. In any view of the matter, this Court finds no justifiable ground for review of order dated 12.11.2025 and accordingly is inclined to entertain the Review Petition and dismiss the same. 7. Accordingly, the Writ Petition stands dismissed. (BIRAJA PRASANNA SATAPATHY) Judge Jyoti