SURESH KUMAR KAIT, SAURABH BANERJEE
Ratnesh Patel – Appellant
Versus
Union Of India – Respondent
JUDGMENT
1. Vide order dated 03.03.2020, this Court observed as under:-
'3. The Petitioner has preferred the present writ petition to assail the order dated 23.12.2019 issued by the Respondents conveying the decision of the Competent Authority not to grant a Review Medical Board (RMB) to the Petitioner as per the existing policy. The Petitioner also seeks a mandamus to the Respondents to grant the RMB for entry into the 143rd NDA Course at Khadakwasala, Pune. He seeks a direction to the Respondents to allow the Petitioner to join the said 143 NDA Course at Khadakwasala, Pune.
4. The Petitioner who is a young man of nineteen years of age, applied for the National Defence Academy and Naval Academy Examination (1/2019) conducted by UPSC, Delhi. He appeared in the examination on 21.04.2019. He qualified in the written examination and was called for Service Selection Board interview on 18.08.2019. The Petitioner was recommended from SSB Bhopal on 23.08.2019 after he qualified various tasks and stages of the SSB interview conducted over a period of five days. On 21.08.2019, he was sent for medical examination before the Special Medical Board at Military Hospital Bhopal. Petitioner was rejec
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.
A candidate's right to a Review Medical Board for recruitment cannot be claimed as a matter of right, especially when medical policies regarding conditions like Renal Calculus are upheld by the court....
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.
A direction for a Review Medical Board in military medical fitness cases is discretionary, determined by the specific facts and contradictory medical findings.
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 opinion of the medical experts of the appointing authority shall prevail, and the parameters of fitness and required standards for appointment in the Indian Navy cannot be judicially reviewed.
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