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MANMOHAN, NAVIN CHAWLA
Uttam Thakran – Appellant
Versus
Union Of India – Respondent
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
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 acc....
The standard of physical fitness for Armed Forces and Police Forces is more stringent than for civilian employment. It was held that it is doctors of Forces who are well aware of demands of duties an....
The court upheld the fitness standards for armed forces, affirming that Varicose Veins constitute legitimate grounds for candidate disqualification.
The finality of medical examination reports in determining an individual's medical fitness for recruitment purposes.
Medical Board decisions on fitness for military service are final, and significant delays in challenging such decisions can result in the dismissal of petitions for relief.
The determination of medical fitness for military recruitment should be upheld unless substantial evidence of error or mala fides is presented against the medical boards' findings.
The discretionary nature of convening Review Medical Board (RMB) and the policy of the Armed Forces in rejecting candidates with certain medical conditions were upheld by the court.
Point of law: there is no degree of doubt whatsoever as to the correctness of the report of AMB, for RMB to be constituted or for issuing a direction for RMB to be constituted.
The authority of Medical Boards in admissions is affirmed unless clear errors arise, and claimants must demonstrate legal standing to request reviews.
The judgment established the principle that the armed forces' doctors are the ultimate authority in assessing candidates' medical fitness for armed forces recruitment, and their findings should not b....
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