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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Madhusudhana P.S. – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. applicant's medical history and qualifications. (Para 3 , 4) |
| 2. counsel's obligations regarding medical standards. (Para 5 , 6 , 7) |
| 3. rights concerning the review medical board. (Para 8 , 9 , 10) |
| 4. assessment of the applicant's fitness status. (Para 11 , 12 , 13 , 14 , 15) |
| 5. procedural delays and impact on the application. (Para 16 , 17 , 18) |
| 6. final dismissal of the petition. (Para 19) |
JUDGMENT
[VIA VIDEO CONFERENCING]
Rajiv Sahai Endlaw, J.
CM No.16512/2021 (for exemption)
1. Allowed, subject to just exceptions and as per extant Rules.
2. The application is disposed of.
W.P.(C) No.5353/2021
3. The petitioner was a candidate for admission to 150th (DE) Course of the Indian Military Academy, Dehradun, pursuant to the Combined Defence Services Examination-I, 2020, of which notification was issued on 30th October, 2019.
4. It is the case of the petitioner, (i) that his name figured in the list of 50 candidates selected/qualified for admission to the 100 seats; (ii) however in the examination by the Special Medical Board (SMB) at Allahabad, conducted on 16th October, 2020, the petitioner was declared "unfit", for the reason of suffering from (a) Acute Rhinosin
The authority of Medical Boards in admissions is affirmed unless clear errors arise, and claimants must demonstrate legal standing to request reviews.
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 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....
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.
Compliance with medical examination guidelines is essential for rendering a valid opinion on a candidate's fitness.
The court emphasized the necessity for military fitness assessments to adhere to military medical standards, deeming civilian medical evaluations insufficient for determining service eligibility.
The court reaffirmed that medical fitness evaluations for recruitment are primarily within the discretion of designated medical boards, barring demonstrable errors in decision-making processes.
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....
The court affirmed that the assessment of fitness by a Medical Board is an expert determination, and interference in such matters should be approached with caution.
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