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IN THE HIGH COURT OF DELHI
Manmohan, Asha Menon, JJ.
Abhimanyu Mor - Appellant
Versus
Union of India - Respondent
W.P.(C) 11243 of 2020
Decided On : 06-01-2021
| Table of Content |
|---|
| 1. challenge to decision of medical board (Para 1) |
| 2. petitioner examined by hospitals post amb (Para 2) |
| 3. rmb not a right; discretion involved (Para 3) |
| 4. court directs rmb due to contradictory findings (Para 4 , 5) |
| 5. possible reinstatement if fit (Para 6) |
| 6. writ petition disposed with directions (Para 7 , 8) |
JUDGMENT
Manmohan, J. (Oral)--By way of present writ petition, the petitioner has challenged the decision of the DGAFMS declining to hold Review Medical Board (RMB) against the decision of the Appeal Medical Board (AMB), which has found him unfit for service on account of kidney ailment `Right Renal Calculus'.
2. Learned counsel for the petitioner states that after the decision of the AMB, the petitioner was examined by two super specialty hospital, one of which was Army's own prestigious Base Hospital, Delhi Cantt. and these hospitals did not find any evidence of the ailment found by the AMB.
3. Mr.Anurag Ahluwalia, Advocate for the respondents states that the RMB is not a matter of right and as it is presided over by Lieutenant General rank medical officer, the same should be resorted to in very rare cases. He also states that in the present case, stones in the kidney of the petitioner were found in two separate service hospitals' ultra sound reports. He also states that the possibility of the petitioner having undergone surgery for removal of renal stone after the AMB on 4th November, 2020 cannot be ruled out.
4. Having heard learned counsel for the parties, this Court is in agreement with the submissions of learned counsel for the respondent that a direction to hold RMB is not a matter of right but a matter of discretion. However, in the present case as two super specialty hospitals, including the Army's own prestigious Base Hospital, Delhi Cantt., have not found any evidence of `Right Renal Calculus' in the petitioner, this Court directs holding of a RMB to review the medical condition of the petitioner within ten days.
5. It is clarified that this order has been passed in the peculiar facts of the present case inasmuch as there is contrary medical opinion from the Army's own Base Hospital, Delhi Cantt.
6. In the event, the petitioner is found fit, he shall be allowed to join the Officers Training Academy NCC (Special) Entry-48 Course.
7. With the aforesaid directions, the present writ petition stands disposed of.
8. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.
A direction for a Review Medical Board in military medical fitness cases is discretionary, determined by the specific facts and contradictory medical 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.
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....
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 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 decisions of a Review Medical Board in recruitment processes are final and can only be challenged under exceptional circumstances, such as procedural violations or malafides.
The court ordered an independent medical review for the petitioner, emphasizing that the findings would be binding, ensuring fairness in the selection process based on medical fitness.
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