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IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmohan, Navin Chawla, JJ.
Ayush Pandey - Appellant
Versus
Union Of India & Ors. - Respondents
Civil Writ Petition No. 13679 of 2021
Decided On : 03-12-2021
Medical Examination - Indian Air Force - The court upheld the decision of the Appeal Medical Board declaring the petitioner medically unfit for enrollment in the Indian Air Force due to unresolved medical conditions.
Fact of the Case:
The petitioner applied for enrollment in the Indian Air Force but was declared medically unfit due to certain medical conditions. The petitioner underwent surgery to address one of the conditions and sought a re-examination by the Appeal Medical Board, which was also unsuccessful.
Finding of the Court:
The court analyzed the medical evidence and concluded that the petitioner's condition had not been completely cured, and therefore, the decision of the Appeal Medical Board was upheld, dismissing the petitioner's petition.
Issues: The main issue was whether the petitioner's medical condition warranted a re-examination by the Appeal Medical Board and if the original Medical Board's decision was correct.
Ratio Decidendi: The court held that the mere shrinking of the petitioner's medical condition did not amount to complete cure and medical fitness for enrollment. It also emphasized that the Appeal Medical Board's role was to ensure no error in the original Medical Board's decision, and since the specialist confirmed the original finding, there was no reason to doubt it.
Final Decision: The court found no merit in the petitioner's petition and dismissed it, upholding the decision of the Appeal Medical Board.
JUDGMENT
Navin Chawla, J. - The present petition has been filed by the petitioner praying for a direction to the respondents to conduct Medical Re-Examination by the Appeal Medical Board at the Air Force Hospital, Agra for enrollment in the Indian Air Force.
2. It is the case of the petitioner that the petitioner applied for the post of Airman (Non-Technical Post), Grade Y in the Indian Air Force. The petitioner, upon clearing Phase-I of the recruitment process, was directed to appear for the Phase II of the same and was allotted Chest No. 147, Selection Centre, Bhopal.
3. The petitioner, vide order dated 06.02.2021, was examined and declared medically unfit on account of Flat Foot, Haemorrhoid Grade III and Left Turbinate Hypertrophy. Aggrieved by the decision of the Medical Examination, the petitioner applied for Appeal Medical Board. At the stage of the Appeal Medical Board, vide order dated 09.07.2021, the petitioner was again declared medically unfit on the ground of Haemorrhoid Grade III.
4. The learned counsel for the petitioner submits that between the period of the Medical Examination and the Appeal Medical Board, the petitioner had undergone laproscopic surgery for removal of Haemorrhoid Grade III on 20.02.2021 at Vedanta Hospital, Kanpur. The petitioner further placed on record prescriptions following his surgery, confirming the same.
5. We have considered the submissions made and find no merit in the same.
6. Upon perusal of the prescriptions and post-surgery consultations of the petitioner by his doctors, it was observed that the Haemorrhoids had merely shrunken and that the petitioner was not completely cured of the ailment. Mere shrinking does not amount to medical fitness to be considered eligible for the post of Airman (Non-Technical Post), Grade Y in the Indian Air Force.
7. Even otherwise, the Appeal Medical Board is merely to ensure that no error is made by the original Medical Board in examining the candidate. Once the Appeal Medical Board has confirmed the finding of the original Medical Board, especially through a specialist, we find no reason to doubt the same. In fact, the very fact that the petitioner had to undergo a procedure for curing his ailment proves that the opinion of the original Medical Board was correct and no Appeal Medical Board was even called for to be conducted.
8. In view of the above, we find no merit in the present petition, the same is dismissed.
The court emphasized the importance of medical fitness for enrollment in the Indian Air Force and upheld the decision of the Appeal Medical Board based on the specialist's confirmation of the origina....
Medical fitness for employment is assessed by specialized boards, and temporary improvements in health do not automatically warrant a change in fitness status.
The finality of medical opinion provided by the authorities under the Rules of the Air Force and the limitations of opinions from private or other government doctors.
Medical fitness determinations for military recruitment are authoritative and cannot be easily contested by private medical opinions, aligning with military standards in evaluations.
The court's decision was based on the findings of the medical file, including the repeat ECG test and consultation with a specialist doctor at the Appeal Medical Board, which determined the petitione....
The court confirmed that medical assessments conducted in accordance with established protocols can substantiate declarations of unfitness, even without new examinations if prior evaluations are prop....
The unhealed wound at the time of the medical examination rightfully disqualified the petitioner from selection.
The Appeal Medical Board's determination of medical unfitness prevails unless credible evidence of bias is presented; surgical corrections post-assessment do not automatically warrant re-evaluation.
Candidates for military service must meet prescribed medical standards, and choosing to appear for an Appeal Medical Board precludes further assessments unless procedural irregularities are demonstra....
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