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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Manoj Jain, JJ.
Yogesh – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 8790 of 2023 & CM APPL. 33166 of 2023
Decided On : 06-07-2023
Medical Fitness - Indian Coast Guard Recruitment - The court upheld the decision of the respondent in declaring the petitioner medically unfit based on the findings of the medical examination at INS Chilka, despite the petitioner being initially certified as medically fit at the place of recruitment.
Fact of the Case:
The petitioner challenged the decision of the respondent in declaring him medically unfit for recruitment to the Indian Coast Guard after initially being certified as medically fit at the place of recruitment.
Finding of the Court:
The court found that the petitioner was declared unfit based on the findings of the medical examination at INS Chilka, and upheld the decision of the respondent in declaring the petitioner unfit for military service.
Issues: The main issue was whether the petitioner's initial medical certification at the place of recruitment should override the findings of the final medical examination at INS Chilka.
Ratio Decidendi: The court held that the final medical examination at INS Chilka, as stipulated in the recruitment notification, shall override the initial medical examination conducted at the place of recruitment. The court also emphasized that it does not sit as a Court of Appeal over the opinion of medical experts, especially in cases involving Armed Forces and Para Military Forces.
Final Decision: The petition was dismissed, and the decision of the respondent in declaring the petitioner unfit for military service based on the medical examination findings was upheld.
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
1. Petitioner impugns the decision of the respondent in declaring the petitioner medically unfit.
2. Petitioner had applied pursuant to a notification issued by the respondent for recruitment to post of Navik (D), Navik (Domestic Branch) and Yantrik in the Indian Coast Guard.
3. Petitioner appeared for the Coast Guard Navik (Domestic Branch) stage I and stage II examinations and cleared the same. Petitioner was thereafter called for stage III (induction programme) which inter alia includes medical examination.
4. The subject notification for stage II stipulates conduct of Initial Medical Examination (Provisionally Pass or Fail). The initial medical examination is conducted at the place of recruitment and is valid for a period of six months and candidates are required to undergo another initial medical examination if the recruitment process is delayed due to any unforeseen event.
5. Petitioner was initially subjected to primary medical examination as part of the stage II process and was declared temporarily unfit for "DNS Left".
6. On 11.01.2023, petitioner filed a review and the Medical Review Board certified the petitioner as medically fit on 15.02.2023.
7. Subject notification for stage III, inter alia, prescribes final medical at INS Chilka.
8. The conditions stipulated are as under:
"(ii) Final Medicals of INS Chilka. Final Medical Examination (Review Medicals as part of Final Medical (Provisionally `Pass' or `Fail') of all selected candidates will be done at INS Chilka. Candidates, who are not found medically fit in the final medical examination at INS Chilka, will NOT be enrolled for training. "An Appeal" is permitted for medical medically unfit candidates after the final enrolment medical examination at INS Chilka and will be given an opportunity to appeal against the findings. If they so desire at a Military Hospital as decided by the Coast Guard `within a maximum period of 12 days or as decided by INS Chilka. The candidate will travel to the selected Military Hospital and back on their own expense for Appeal Medical Examination."
9. The condition stipulates that medical of all selected candidates will be done at INS Chilka and candidates who are not found medically fit, shall not be enrolled for training. An appeal, though, is permitted for medically unfit candidates.
10. The stipulation of a final medical at INS Chilka as part of stage III which is to be conducted after the initial medical examination conducted at stage II shows that the final medical INS Chilka shall override the initial medical examination conducted at the place of recruitment. The condition stipulated very clearly that the medical report of INS Chilka shall be final and binding.
11. Petitioner after having been declared initially medically fit by the Review Board at the place of the recruitment was subjected to final medical at INS Chilka.
12. In the medical examination, conducted on 25.05.2023, petitioner was declared as unfit. His vision was 6/18 (for right eye), 6/12 (for left eye) and his near vision was recorded N-18 (for right eye) and N-12 (for left eye).
13. He was, thus, found unfit with the remarks "Refractive Error Both Eyes". The petitioner sought option for appeal medical examination and was accordingly referred for specialist's opinion and as per the specialist's opinion, given during Appeal Medical Examination, he was again declared `unfit' as his vision was found to be 6/24 in both the eyes.
14. Both the initial medical examination of the petitioner conducted at INHS Nivarini and the petitioner as unfit and the Appellate Medical Examination at INHS Kalyani, Visakhapatnam also confirmed the said findings.
15. There is no reason for us to take a view different from the two Medical Boards specially constituted for the said purpose in the terms of the notification which have declared the petitioner as unfit.
16. It is settled position of law that the High Court does not sit as a Court
The final medical examination at INS Chilka shall override the initial medical examination conducted at the place of recruitment, and the court does not substitute its view for the opinion of medical....
The absence of clear guidelines indicating the refusal of a person to be examined by an Appeal Medical Board after being declared medically unfit by a specialist in a Review Medical Board.
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 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....
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.
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 central legal point established in the judgment is the importance of adhering to the opinions of the Armed Forces/Navy specialists in matters of medical fitness for recruitment, particularly in t....
The finality of medical examination reports in determining an individual's medical fitness for recruitment purposes.
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