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2021 Supreme(Del) 1173

IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmohan, Navin Chawla, JJ.
Ramkanwar - Appellant
Versus
Union Of India & Ors. - Respondents
W.P.(C) 3763/2021 with W.P.(C) 4135/2021 & CM Appl. 12574/2021, W.P.(C) 4139/2021 & CM Appl. 12584/2021, W.P.(C) 4141/2021 & CM Appl. 12591/2021, W.P.(C) 4142/2021 & CM Appl. 12594/2021, W.P.(C) 4145/2021 & CM Appl. 12600/2021, W.P.(C) 4194/2021 & CM Appl. 12751/2021, W.P.(C) 4198/2021 & CM Appl. 12758/2021, W.P.(C) 4208/2021 & CM Appl. 12789/2021, W.P.(C) 4218/2021 & CM Appl. 12814/2021, W.P.(C) 4223/2021 & CM Appl. 12825/2021, W.P.(C) 4291/2021 & CM Appl. 13048/2021, W.P.(C) 4651/2021 & CM Appl. 14309/2021, W.P.(C) 5724/2021, W.P.(C) 5738/2021
Decided On : 01-09-2021

Advocates appeared:
Mr. Siddharth Mittal, Mr. Prabhat Kumar & Ms. Shilpa G Mittal, Advs, for the Petitioner; Mr. Vikrant N Goyal, Mr. Jaswant Rai Aggarwal & Mr. Abhishek Khanna Advs. alongwith Mr. Dhirendra Srivastava, Mr. Arijit Mukherjee and Mr. Dhamendra, Officers from Air Force, for the Respondent; Mr. Ajit Kakkar & Ms.Tanya, Advs, for the Petitioners in W.P.(C) 5724/2021; Mr. Rajesh Kumar, Adv, for the Respondents in W.P.(C) 5724/2021; Mr. Ajit Kakkar & Ms. Tanya, Advs, for the Petitioner in W.P.(C) 5738/2021; Mr. Naginder Benipal, Sr. Panel Counsel for UOI with Mr. Amit Dogra, GP and Ms. Harithi Kambiri, Adv, for the Respondents in W.P.(C) 5738/2021

The court emphasized the need for a fair and thorough medical evaluation process for candidates applying for the post of Airmen in the Indian Air Force.

Headnote:

Medical Unfitness - Airmen in Indian Air Force - The court directed the respondents to re-examine and re-conduct the medical test of the petitioners under the supervision of concerned medical authorities and to constitute an independent medical board at the Air Force Hospitals or any government hospitals to re-examine them.

Fact of the Case:

The petitioners sought directions to re-examine and re-conduct their medical tests as they had been declared medically unfit for the post of Airmen in the Indian Air Force.

Finding of the Court:

The court accepted the statements and undertakings given by the counsel for the parties, directing the respondents to conduct fresh ECG examinations and complete the medical evaluation procedure for all candidates within four weeks.

Issues: The issues revolved around the declaration of the petitioners as medically unfit without conducting fresh ECG or ECHO tests and the mechanical and arbitrary manner in which the Appeal Medical Board made the decision.

Ratio Decidendi: The court's decision was influenced by the assurance from the respondents' counsel to conduct fresh ECG examinations and complete the medical evaluation procedure within a specified timeframe.

Final Decision: The present writ petitions along with pending applications were disposed of, and the court directed the respondents to re-examine and re-conduct the medical test of the petitioners under supervision of concerned medical authorities and to constitute an independent medical board at the Air Force Hospitals or any government hospitals to re-examine them.

JUDGMENT

Manmohan, J. (Oral)

The matter has been heard by way of video conferencing.

1. Present writ petitions have been filed seeking directions to the respondents to re-examine and re-conduct Medical test of the petitioners under supervision of concerned Medical Authorities and to constitute an Independent Medical Board at the Air Force Hospitals or any Government Hospitals to re-examine them.

2. Learned counsels for the Petitioners state that the petitioners have been declared medically unfit for the post of Airmen in Indian Air Force vide separate Medical Unfitness Certificates issued by the Appeal Medical Board on the basis of various ECG abnormalities.

3. Learned counsels for the Petitioners point out that the concerned Appeal Medical Boards have declared the Petitioners unfit in a mechanical and arbitrary manner without conducting any fresh ECG or ECHO test. They state that the Appeal Medical Board was required to test the Petitioners for the abnormality afresh.

4. Today Mr. Vikrant N Goyal, learned counsel for the Respondents on instructions states that fresh ECG of the Petitioners shall be conducted by the Review Medical Board and the same will be evaluated by the Medical Specialist(s) in accordance with the policy of the Respondents. He assures this Court that the needful shall be done within ten days. He also states that the dates of fresh ECG examination will be communicated to the Petitioners through their counsel at least three days in advance. He assures this Court, on instructions, that the medical evaluation procedure for all candidates shall be completed within four weeks.

5. In view of the aforesaid statements, learned counsel for the Petitioners does not wish to press the present writ petitions any further.

6. The statements/undertakings given by the counsel for the parties are accepted by this Court and the parties are held bound by the same.

7. Accordingly, the present writ petitions along with pending applications stand disposed of.

8. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.

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