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.

JUDGMENT

Suresh Kumar Kait, J. - Pursuant to a notification issued by the Indian Navy for recruitment to the post of 'Artificer Apprentice & Senior Secondary Recruit? (henceforth referred to 'AASSR'), the petitioner claims to have applied for the same in the month of July, 2019. The respondents issued Admit Card to the petitioner to appear in the Phase-I written test, which he successfully cleared. The petitioner was directed to appear for Phase-II, physical and medical test, wherein he was declared medically fit. Petitioner thereafter received Call Up letter dated 17.01.2020, being provisionally appointed in Indian Navy and was directed to appear for final medical examination on 05.02.2020 before the appropriate authorities. However, in the final medical examination, petitioner was declared medically unfit vide Medical Unfitness Certificate dated 05.02.2020 on the ground of 'ATELECTATIC EAR CRT'.

2. Being aggrieved, in an appeal to the respondents, the petitioner was directed to appear for re-medical before INHS, Kalyani, Vishakapatnam on 24.02.2020, however, his candidature was rejected on the similar medical grounds by the Appeal Medical Board, though he claims to have never received a copy thereof. According to petitioner, the impugned Medical Unfitness Certificates dated 05.02.2020 and 24.02.2020 do not mention any specific remarks in detail with regard to his being medically unfit. For ascertaining the opinion of the Appeal Medical Board, petitioner got himself examined from Safdarjung Hospital, which issued a Medical Certificate dated 18.03.2020, observing no such medical disability. Hence, the present petition has been filed by the petitioner seeking setting aside of Medical Unfitness Certificates dated 05.02.2020 and 24.02.2020 and to take on record the Medical Certificate dated 18.03.2020 issued by Safdarjung Hospital.

3. Learned counsel appearing on behalf of petitioner submitted that respondents have violated the fundamental right of petitioner by depriving him from employment, without giving a justifiable specification in the Medical Unfitness Certificates dated 05.02.2020 and 24.02.2020. Reliance is placed upon decision of this Court in 'Anish Barla Vs. Union Public Service Commission' 2007 (3) SLJ 66 Delhi, wherein on the basis of Medical Certificate issued by the Safdarjung Hospital, the respondents were directed to conduct re-medical examination of the petitioner. Reliance is also placed upon another decision of this Court in 'Faizan Siddiqui Vs. Sashastra Seema Bal' (2011) 124 DRJ 542 (Del) (DB) in support of petitioner?s case.

4. To the contrary, learned Central Government Standing Counsel (CGSC) appearing on behalf of respondents submitted that the present petition deserves to be dismissed in limine being devoid of merit. It was submitted that the recruitment process to the post of AASSR got completed in February, 2020 and the selected candidates had completed their training much prior to the filing of the present petition. As such, the present petition is hit by gross delay and latches. Attention of this Court was drawn to the Paragraphs 18(d) and 18(e) of the advertisement published in May, 2019 for the subject post to submit that no review of appeal is permissible if not selected and medical certificate other than that of a specialist opinion in a Military Hospital, will not be considered. Attention was also drawn to Paragraphs 11(a) and 11(d) of the advertisement, wherein desirable medical standards have been specified.

5. According to respondents, during final medical examination at INS Chilka, petitioner was declared medically unfit for disabilities as he was having 'Right Otitis Media' and 'Knock Knees' and was thus referred to INHS Nivarini for a specialist review, where he was declared UNFIT for 'ATELACTATIC EAR (RT)' by graded specialist ENT, but was declared fit for Knock Knees. In the Appeal Medical Examination at INHS, Kalyani by a graded Specialist (ENT), petitioner was declared 'UNFIT' for disabil