The unhealed wound at the time of the medical examination rightfully disqualified the petitioner from selection.

JUDGMENT

Asha Menon, J. - The petition has been filed for the issuance of a writ of mandamus and directions to the respondents with the following prayers:

"(a) to issue writ of mandamus/certiorari or other appropriate writ/order or directions to the respondents by:

(i) for a direction to the respondents IAF to produce complete record of the case;

(ii) seeking quashing of the proceedings and findings dated 12th August 2020 of the Appeal Medical Board, dated 1st July, 2020 of Medical Board;

(iii) seeking mandamus to the respondents IAF to conduct medical examination of the petitioner or reference to the specialist at any designated military hospital;

(iv) seeking directions to amend the Medical Documents including Manual of Medical Examination & Boards documents pertaining to medical examination (manual of medical Examination and medical boards, IAP 4303 (4th edition:September 2010), any 'Medical Directive", rules, procedure and conditions;

(v) seeking mandamus for selection of the petitioner as Airmen, if found medically fit:

(vi) further, during the pendency of the Writ Petition Respondents may be directed to keep one post of airmen Vacant; and/or

(b) pass any such order as this Hon'ble court may deems and proper in the facts and circumstances of the case to meet the ends of justice."

2. The relevant facts are that the petitioner had applied in the recruitment of Airmen in Group X and Y Trade pursuant to the advertisement dated 1st July, 2019. He appeared for the Phase-1 written examination at Agra in which he was declared successful. Thereafter, he appeared in the Phase-2 Examination which consisted of Physical Fitness, Group Discussion, Psychological and Medical Examination on 27th November, 2019. On his full body physical examination, the petitioner was found with "ECG abnormality and CBS review" and was referred to the Appeal Medical Board Bagdogra at 06 Wing, ASC where he was declared fit on both the points, after undergoing ECG on 6th December, 2020. The fitness certificate dated 18th February, 2020 was issued to him.

3. After having been so declared fit the petitioner was positioned at 24th rank in the provisional merit list out of 4382 candidates. He received the final call letter to report for enrolment in the IAF, at Airmen Training Station (ATS) Belgavi on 5th June, 2020. At the physical pre-enrolment medical examination at ATS, Belgavi, the petitioner was found to be suffering from 'Pilonidal Sinus' and 'Perianal Fistula' on 1st July, 2020. Therefore, he was not cleared and was asked to report at the Appeal Medical Board at SMC, AMB, Bagdogra on 10th August, 2020.

4. On receipt of this "Red Card", on 1st July, 2020, the petitioner claims to have consulted a specialist doctor, who opined that he was suffering only from 'Pilonidal Sinus' and not 'Perianal Fistula' which could be effectively treated and which had a low recurrence rate and which would, according to the petitioner have no impact on efficient discharge of military service. The petitioner underwent 'non-invasive Endoscopic Pilonidal Sinus Treatment with LASER' on 12th July, 2020 and also had, prior to that, undergone an 'MRI Fistulagram' on 8th July, 2020. He was issued a fitness certificate after treatment on 4th August, 2020 by the specialist. However, when he was examined by the Appeal Medical Board at SMC, 20-Wing, Bagdogra on 12th August, 2020 he was again declared medically unfit on account of 'Pilonidal Sinus' and 'Perianal Fistula'. In order to be satisfied that he had no re-occurrence after the wound had healed the petitioner got himself medically examined on 2nd November, 2020 and was declared absolutely fit.

5. The learned counsel for the petitioner laid emphasis on one fact, and that was that his batchmates had been permitted to come for the Appeal Medical Board in November, 2020 in view of the Covid conditions prevailing. The hospitals where the Appeal Medical Boards were to be constituted for the purposes of the present recruitment had all been so intim