The presence of varicose veins was a ground of medical unfitness as per the Manual on Medical Examination and Medical Standards for Entries into army, and the opinion of private doctors cannot be accepted over the doctors of the Forces.

JUDGMENT

Navin Chawla, J. - The present petition has been filed seeking quashing of the rejection letter dated 07.01.2022 (hereinafter referred to as the 'impugned letter') vide which the petitioner's request for the grant of a Review Medical Board (in short, 'RMB') has been rejected. The petitioner further prays for a direction to the respondents to grant the petitioner an opportunity to appear before the RMB and if found fit, be allowed to join the 147th National Defence academy-1 (hereinafter referred to as 'NDa-1') course.

2. It is the case of the petitioner that pursuant to the Notification dated 30.12.2020 inviting applications to the National Defence academy and Naval academy Examination (I)-2021 (hereinafter referred to as 'Notification'), the petitioner applied for NDa-1. The petitioner, upon clearing both the written examination as well as the SSB interview, was called for his medical examination before the Special Medical Board (in short, 'SMB') at Military Hospital, Jalandhar.

3. Vide the report of the SMB dated 14.10.2021, the petitioner was declared to be medically unfit on four counts, namely, 'ECG abnormality', 'Genu Valgum', 'Varicose Veins Lt Lower Limb' and 'Colour Vision III'.

4. aggrieved by the report of the SMB, the petitioner applied for examination before the appeal Medical Board (in short, 'aMB'), wherein the petitioner was to be examined at Base Hospital, Delhi Cantt. by doctors in the orthopaedic, surgical, ophthalmology and cardiac departments.

5. Upon examination at the aMB stage, the petitioner was found to be medically fit on three of the four grounds against which the said appeal was filed, however, was still found to be medically unfit on the ground of 'Varicose Veins Lt Lower Limb' vide report dated 29.10.2021.

6. The petitioner made a representation dated 20.11.2021 requesting for an opportunity to be medically re-examined by an RMB, however, the same was rejected by the respondent no. 2 vide the impugned letter.

7. The learned counsel for the petitioner submits that the impugned letter vide which the petitioner's request for an RMB has been rejected, is ex-facie illegal inasmuch as the Notification prescribes that varicose veins is not a permanent disability and the candidate may be declared fit provided six weeks have elapsed since the operation.

8. He further submits that as the petitioner had been declared medically fit for three of the four grounds against which an appeal was filed, the case warrants re-examination before the RMB to ascertain whether the petitioner is indeed suffering from varicose veins. He submits that the petitioner has also got himself examined through private doctors who have opined that the petitioner is suffering from very minor ailment and is otherwise fit for appointment in army.

9. This Court, vide its order dated 25.01.2022, had directed the respondents to produce the original medical record of the petitioner on the next date of hearing. a doctor, who was a part of the aMB, was also directed to join the proceedings by way of an online link.

10. In pursuance of the above direction, today the respondents produced the original medical records of the petitioner. Colonel Manish Kumar, who had examined the petitioner during his aMB, was also present during the proceedings by way of an online link.

11. Colonel Manish Kumar informed the Court that the petitioner, at the stage of the aMB, was found to be medically unfit on the ground of 'Varicose Veins Lt Lower Limb'. He states that upon the conduct of a Colour Doppler Ultrasound, the petitioner was found to have varicosities and incompetent perforators in his mid-calf. He further explained that a patient of varicose veins, if subject to prolonged standing, can develop swelling of the lower limbs which could result in bleeding, eczema and infections among other ailments. He further placed reliance on the 'Manual on Medical Examination and Medical Standards for Entries into army, TRG academics and MIL Schools' dated 16.07.