Point of Law : doctors of the Forces are the best judge to ascertain whether a candidate ought to be enrolled in the services or not, owing to the strenuous and hostile terrain and environment where personnel would have to serve.

JUDGMENT :

Navin Chawla, J.

The petition has been heard by way of video conferencing.

1. The present petition has been filed praying for bringing on record and setting aside the impugned medical certificates dated 13.05.2021 and 13.08.2021. The petitioner further prays for a direction to the respondents to conduct the medical re-examination of the petitioner at a hospital of their choice or appoint the petitioner on the basis of the medical certificates issued by various civil hospitals.

2. It is the case of the petitioner that pursuant to the notification issued by the respondents, the petitioner applied in the Indian Air Force through the Armed Force Common Admission Test (hereinafter referred to as ‘AFCAT’). On and after clearing the AFCAT, the petitioner was directed to appear for the SSB at Dehradun wherein the petitioner cleared all tests with respect to the prescribed criteria of physical efficiency. The petitioner was then recommended to join the training academy and was AIR 1 holder in his branch in the merit list.

3. The petitioner thereafter appeared for his Detailed Medical Examination (in short, ‘DME’) and on 13.05.2021, was declared to be medically unfit on the ground of ‘retinal periphlebitis both eyes’. Aggrieved by the same, the petitioner applied for his Appeal Medical Examination (in short, ‘AME’) and appeared for the same at Base Hospital, Delhi Cantonment. The petitioner, at the stage of the AME, was again declared to be medically unfit on the ground of ‘retinal periphlebitis both eyes.’

4. The petitioner made a representation on 13.08.2021 itself seeking the constitution of a Review Medical Board (in short, ‘RMB’), however, the same was rejected vide impugned communication dated 13.09.2021 and he was declared to be unfit for AFCAT on the ground of ‘retinal periphlebitis both eyes.’

5. The learned counsel for the petitioner submits that the petitioner was not examined properly for retinal periphlebitis at both stages of the medical examination. He submits that at the DME stage, the petitioner was solely examined with the help of an ophthalmoscope. He further submits that at the AME stage, the petitioner was not made to undergo a fluorescein angiography, which is a more intrinsic test as compared to the ophthalmoscopy, which was conducted on the petitioner.

6. The learned counsel for the petitioner finally places reliance on the reports of Nutema Hospital, Meerut; Dr. Ram Manohar Lohiya Hospital, New Delhi (hereinafter referred to as ‘Dr. RML Hospital’) and All India Institute of Medical Sciences, New Delhi (hereinafter referred to as ‘AIIMS’) to submit that the petitioner was found to have healed from retinal periphlebitis and is thus medically fit to be inducted in the Indian Air Force.

7. Vide order dated 01.10.2021, this Court had directed the respondents to produce the medical record of the petitioner. This Court had further directed a doctor from the respondents’ side to be present and explain as to how the petitioner was medically examined during the DME as well as the AME stages.

8. In pursuance to the same, the respondents produced the medical record of the petitioner before the Court. Perusal of the same shows that vide report of the DME dated 13.05.2021, the petitioner was declared to be medically unfit on the ground of ‘gynecomastia bilaterally’ by a Classified Specialist (Surgery) and ‘retinal periphlebitis both eyes’ by a Graded Specialist (Opthal). Upon the petitioner’s request for an AME, the petitioner was referred to Base Hospital, Delhi Cantt. for a specialist opinion. Based on the opinion of the concerned specialist, the petitioner, vide report dated 18.08.2021, was declared ‘Unfit’ for ‘retinal periphlebitis both eyes.’

9. Wing Commander (Dr) Prashant Rudra, who joined the proceedings today by way of online video link, submitted that the petitioner was examined by Graded Specialist (Ophthalmology) at AFCME during the DME and by Senior Advisor (Ophthalmology) at Base Hospital, Delhi Cantt, during h