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IN THE HIGH COURT OF DELHI AT NEW DELHI
INDIRA BANERJEE, V.KAMESWAR RAO, JJ.
G.C. ABHIMANYU SINGH - Petitioner
Versus
UNION OF INDIA AND ORS. - Respondents
W.P.(C) 10402 of 2015
Decided on : 02-02-2017
MEDICAL UNFITNESS - ARMY SERVICE - TGC-118 Course - SSC (T)-44 Course - Congenital Absence of Middle and Distal Phalanx of Right Hand Index Finger - Army Act, 1950 - Section 20, Section 25 - Army Rules, 1954 - Rule 13, Rule 14
Fact of the Case:
The petitioner, seeking permanent commission in the Army, was declared permanently unfit due to a congenital hand condition. Despite being initially cleared for training, subsequent medical examinations led to his invalidment and discharge.
Finding of the Court:
The Court found that the petitioner had suppressed his earlier disqualification and misled the authorities, leading to his appointment being liable for cancellation. The Court held that the action impugned in the writ petition did not warrant interference.
Issues: Validity of medical disqualification, suppression of material fact, and appointment cancellation
Ratio Decidendi: The petitioner's suppression of earlier medical disqualification and misleading the authorities rendered his appointment liable for cancellation. The Court does not sit in appeal over administrative decisions but examines procedural defects under judicial review.
Final Decision: The writ petition was dismissed, upholding the decision of the authorities.
INDIRA BANERJEE, J
1. This writ petition is directed against the action of the concerned respondents in declaring the petitioner permanently unfit to serve in the Army. The petitioner has also sought orders on the respondents to allow the petitioner to continue with his Pre Commission training in the Officers Training Academy, Chennai, as part of SSC (T)-44 Course, which he had joined in April, 2015.
2. The petitioner applied for permanent commission in the Army in response to an advertisement dated 27.04.2013, after completing his B.Tech in Computer Science. The petitioner was called for an interview before the Service Selection Board (SSB) for selection to the Technical Graduate Course, hereinafter referred to as TGC-118 course at Allahabad, between 19.10.2013 and 23.10.2013.
3. The petitioner was called for medical examination to the Military Hospital at Allahabad, but was found medically unfit on the ground of “Congenital Absence of Middle and Distal Phalanx of Right Hand Index Finger”. The petitioner filed an appeal against the findings in medical examination, but was found medically unfit by the Appeal Medical Board, on the same ground.
4. Thereafter, the petitioner made a representation dated 20.11.2013 to the Director Medical Services (Medical Boards) R.K. Puram, New Delhi, for constitution of a Review Medical Board, at the Army Research Referal Hospital, Delhi Cantonment, for further examination of the petitioner. The petitioner was, however, never called for further examination by the Review Medical Board.
5. The petitioner again applied, this time for the short service Commission in the Army, and was called to appear for interview for the SSC (T)-44 Course at Bhopal. After interview, the petitioner was selected. The petitioner was recommended for selection for Pre Commission Training at the Officer’s Training Academy, Chennai.
6. The petitioner was called for medical examination at the Military Hospital at Bhopal. He was found medically fit for the SSC (T)-44 Course for Pre Commission into the Indian Army.
7. According to the petitioner, at the time of medical examination, the petitioner was asked about his problem of index finger by the concerned medical specialist, to which he replied that it was a Congenital problem, for which he had not faced any problem. The petitioner was thereafter duly cleared.
8. The petitioner has contended that once a candidate is declared fit upon medical examination at the Hospital, no further medical examination is to be carried out, except when the candidate appeals against the findings given by the Medical Board.
9. The petitioner’s name was duly included in the merit list. The petitioner joined the Officer’s Training Academy, Chennai for Pre Commission Training on 04.04.2015. According to the petitioner he was going through the training without any problem and performing successfully all tasks required to be performed by him.
10. It is pleaded that in one of the sessions of physical training, the Physical Training Officer Lt. Col. Sanjay Verma summoned the petitioner along with the P.T. Instructor and questioned him regarding the condition of his right hand and the Congenital Absence of Middle and Distal Phalanx of Right Hand Index Finger. The Physical Training Officer also sought clarification as to how the Medical Board had declared him fit, notwithstanding the aforesaid physical condition.
11. According to the petitioner, the petitioner was also called by the Company Commandant, who questioned the petitioner about his physical condition.
12. According to the petitioner, on 29.04.2015, the petitioner was called by the Regiment Medical Officer of the Officer’s Training Academy, who sent him to the Military Hospital, Chennai on the very next day.
13. The Doctors of the Military Hospital referred the petitioner to I.N.H.S. Ashvini, Mumbai for second opinion of one Major Rohit Vikas, Graded Specialist Orthopedics, I.N.H.S. Ashvini. After discussing the case with the senior advisor of Ort
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