JUDGMENT :

V.G. BISHT, J.

1. Rule. Rule made returnable forthwith. By consent, heard finally at the stage of admission.

2. The petitioner seeks to assail the decision of Border Roads Organisation (hereafter BRO for short) to declare him Permanently Medical Unfit for a job as a Driver Mechanical Transport (Ordinary Grade) and set aside the finding of the Medical Review Board dated 4th May 2019 holding the petitioner Permanently Medical Unfit for the said post due to “Presternal Keloid Chest.”

3. Brief facts are as under:

The BRO published an advertisement for vacancies inter-alia for the post of Driver- Mechanical Transport (Original Grade). The petitioner who has the requisite qualification and eligibility for the said post submitted his application for the same and was subsequently called for a Physical Efficiency Test and Practical Test on 23rd August 2018. The petitioner accordingly appeared and cleared the said test and then was called for the written test. After clearing the written test, he was notified that he had been provisionally selected for the said post and was called upon to undergo a Medical Examination on 18th February 2019. The petitioner underwent the Medical Examination and vide communication dated 19th February 2019 he was informed that he is found to be “Medical Permanently Unfit” due to Chest Keloids, Cardiac Murmur and Coarse Digital Tremor and that his candidature was liable to be cancelled. The petitioner was further asked to undergo and appear for a Medical Review on 23rd March 2019. The petitioner appeared for a Medical Review Examination at Military Hospital, Kirkee on 23rd March 2019. However, vide notice dated 4th May 2019 he was declared “Unfit in Skin” due to “Presternal Keloid Chest” and accordingly his candidature was cancelled.

4. Being shocked that a non-debilitating skin condition could be a ground to declare him unfit for employment, the petitioner sought opinions from independent doctors, who were of the firm view that such a condition would not render him to be unfit for employment. Aggrieved by the said decision, the present writ petition is filed by the petitioner.

5. The respondents by filing affidavit-in-reply contend that if a candidate, who has been declared unfit by the concerned specialist after a Medical Review again, will not be given any further chance for re-medical examination/review and his candidature shall stand cancelled automatically.

6. The BRO is an integral part of the Armed Forces of India and the Medical Specialist of Military Hospital, Kirkee is the Competent Authority to decide the cases on the medical aspects. The Armed Forces medical standards vary from the civil medical standards as the physical and medical requirements for the services are unique and, therefore, the petitioner has no right to question the findings/opinion of the Service Specialists and to insist for accepting the findings/opinions of civilian medical practitioner.

7. According to respondents personnel of the BRO are deployed for construction of roads and bridges for Army and other agencies in extreme remote and far-flung areas of Northern and North-Eastern part of the country including high altitude and snow bound areas which have very harsh and severe climatic conditions. Keeping in view of the working conditions, medical fitness of the personnel upto the desired standard is a vital prerequisite to meet the organizational requirement. Despite giving chances, the petitioner has been declared Permanently Medically Unfit. Therefore, his candidature was cancelled. The action taken by the department is in right perspective and has been taken in a deserving manner. In view of this, there being no merit in the petition, the same is liable to be rejected with costs.

8. By way of rejoinder, the petitioner contends that the affidavit-in-reply of the respondents has failed to establish to bring to light the particular concerns with “Keloids” that the petitioner has been diagnosed with, particularly as to how it