Back
DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Aman Yadav – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. delay in petition leads to acquiescence. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. petitioner's delay is justified by pursuit in subsequent years. (Para 7 , 8) |
| 3. medical unfitness established through standards. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. unfitness due to multiple medical conditions. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 5. both petitions dismissed for lack of merit. (Para 24 , 25) |
JUDGMENT
[VIA VIDEO CONFERENCING]
Rajiv Sahai Endlaw, J.
(A) These petitions, though by different petitioners but filed through the same advocate, have some similarity in facts and are being listed together and have today also been heard together and are disposed of by this common judgment. However for the sake of clarity of facts, first the narrative of W.P.(C) 4557/2021 is given herein below and thereafter under W.P.(C) 4662/2021, only the facts which are different therein are highlighted.
W.P.(C) 4557/2021
1. The petitioner, being a candidate for recruitment as an Airman in the respondents Indian Air Force, during the recruitment drive of the year 2019, has filed this petition impugning the decision of the Appeal Medical Board finding the petitioner unfit for serving in the resp
Point of law: Recruitment - Declaration as unfit - petitioner unfit for the reason of “Multiple Keloids” - Rightly declared as unfit.
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 unhealed wound at the time of the medical examination rightfully disqualified the petitioner from selection.
Candidates must act diligently and promptly when disputing recruitment disqualifications, as delays can negate their claims even if circumstances change subsequently.
The Appeal Medical Board's determination of medical unfitness prevails unless credible evidence of bias is presented; surgical corrections post-assessment do not automatically warrant re-evaluation.
The importance of recruiting physically fit candidates for the Armed Forces and the preference of the Force's medical specialists' opinion over civilian doctors in such matters.
The court emphasized the importance of medical fitness for enrollment in the Indian Air Force and upheld the decision of the Appeal Medical Board based on the specialist's confirmation of the origina....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
