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2020 Supreme(Del) 781

RAJIV SAHAI ENDLAW, ASHA MENON
Jonu Tiwari – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Vikas Kochar, Advocate, O.P. Bhadani, Advocate, Nirvikar Verma, Advocate

JUDGMENT

Rajiv Sahai Endlaw, J. - The petitioner, a candidate for recruitment as Airmen in Group ''X'' and ''Y'' category of the respondents Indian Air Force (IAF) and having been found unfit by the Medical Board as well as the Appeal Medical Board, on account of "Varicocele (Left)", has filed this petition, (i) for a direction to the respondents IAF to produce complete record of the case; (ii) seeking quashing of the findings dated 10th January, 2020 of the Medical Board and dated 5th February, 2020 of the Appeal Medical Board; (iii) seeking mandamus to the respondents IAF to conduct re-medical examination of the petitioner at any designated military hospital; and, (iv) seeking mandamus for selection of the petitioner as Airmen, if found medically fit.

2. The petition came up first before this Court on 23rd July, 2020, when it was the plea / contention of the plaintiff that, (i) the Appeal Medical Board did not even medically examine him; (ii) the decision of the Appeal Medical Board was not informed to him; (iii) he had undergone a surgical procedure between examination by the Medical Board and Appeal Medical Board, for correction of the ''Varicocele'' but the impact thereof has n

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