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2021 Supreme(Del) 1557

IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmohan, Navin Chawla, JJ.
Vivek Jhajhria - Appellant
Versus
Union Of India & Anr. - Respondents
Civil Writ Petition No. 10047 of 2021
Decided On : 01-12-2021

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 petitioner's medical fitness for appointment in the Indian Air Force.

Headnote:

Medical Examination - Indian Air Force - The court dismissed the petition seeking direction to set aside medical unfitness certificates and conduct a re-medical examination for appointment in the Indian Air Force, as the petitioner was found medically unfit on the ground of ECG abnormality after a repeat ECG test and consultation with a specialist doctor at the Appeal Medical Board.

Fact of the Case:

The petitioner sought direction to set aside medical unfitness certificates and conduct a re-medical examination for appointment in the Indian Air Force after being declared medically unfit on the ground of ECG abnormality.

Finding of the Court:

The court found no merit in the petition and dismissed it after perusing the medical file, which revealed that a repeat ECG test had been conducted at the Appeal Medical Board and the petitioner had been referred to a specialist doctor.

Issues: Petitioner's medical unfitness for appointment in the Indian Air Force, request for setting aside medical certificates, and conducting a re-medical examination.

Ratio Decidendi: The court's decision was influenced by the findings in the medical file, including the repeat ECG test and consultation with a specialist doctor at the Appeal Medical Board, which led to the dismissal of the petition.

Final Decision: The petition was dismissed by the court, finding no merit in the petitioner's request for setting aside medical unfitness certificates and conducting a re-medical examination.

JUDGMENT

Navin Chawla, J. - CM 30997/2021(exemption)

Allowed, subject to all just exceptions.

W.P.(C) 10047/2021

1. The present petition has been filed by the petitioner praying for a direction to the respondents to bring on record and set aside the impugned Medical Unfitness Certificates dated 09.02.2021 and 05.03.2021. The petitioner further prays for a direction to the respondents to conduct Re-Medical Examination at any place of choice of the respondents for appointment of the petitioner in the Indian Air Force.

2. It is the case of the petitioner that the petitioner applied for the post of Airmen in Group X and Y category as per the notification issued by the Central Airmen Selection Board, Indian Air Force. The petitioner, upon clearing Phase-I and Phase-II of the recruitment process, was directed to appear for the Phase III- Medical Test which was conducted at 11 Wing Airforce Station, Tezpur on 09.02.2021. The petitioner appeared for the Medical Examination and was declared medically unfit on the ground of ECG Abnormality- Short PR Level.

3. The petitioner, aggrieved by the decision of the Medical Examination, applied for an Appeal Medical Board. At the stage of the Appeal Medical Board, the petitioner was again declared medically unfit on the ground of ECG Abnormality on 05.03.2021.

4. The learned counsel of the petitioner submits that at the stage of the Appeal Medical Board, the Medical Examination of the petitioner was not conducted. She submits that at the stage of the Appeal Medical Board, the previous documents of the petitioner were checked, upheld and reiterated and he was declared medically unfit on the basis of the earlier documents issued by the Air Force Station, Tezpur.

5. Today the learned counsel for the respondents as well as the doctor on behalf of the respondents presented the medical file of the petitioner to the Court. Upon perusal of the medical file as well as consultation with the doctor, it was brought to light that a repeat ECG test had been conducted at the stage of the Appeal Medical Board and the petitioner was rightfully found unfit on the ground of ECG Abnormality. In fact, upon perusal of the file, it was further revealed that the petitioner had been referred to a specialist doctor at the stage of the Appeal Medical Board.

6. In view of the above, we find no merit in the present petition, the same is dismissed.

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