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.

Headnote:(A) Recruitment in Indian Air Force - Medical Examination - Clause 20 of the notification for recruitment - Medical unfitness certificate - Grounds for unfitness included left varicocele and ECG abnormality - Petitioner underwent surgery for varicocele, claiming to be cured, but Appeal Medical Board reaffirmed unfitness without conducting ECG - Court concluded that petitioner's claim lacked substantive evidence and upheld Board's findings as per documented medical records. (Paras 3, 5, 6)

(B) Appeal Medical Board - Validity of unfitness determination - Court emphasized that medical records from the respondents supersede those from other hospitals, dismissing the appeal when no bias or malfeasance against petitioner was established. (Paras 5, 6)

Facts of the case:
The petitioner was declared unfit by the Appeal Medical Board based on three medical grounds, notably for varicocele and ECG abnormality. Following a surgery to correct varicocele and an asserted failure to conduct an ECG test, the petitioner contested the Board's findings seeking reconsideration for the Airman position.

Findings of Court:
The court found no merit in the petition as the Appeal Medical Board's decision was supported by adequate medical records, and the petitioner's subsequent surgical correction did not warrant a re-evaluation.

Issues: The main issues included the validity of the Appeal Medical Board's decision against the petitioner's claim of being fit post-surgery and the implications of the missing ECG.

Ratio Decidendi: Court held that medical records from the Indian Air Force are authoritative unless evidence of bias exists, and the timing of medical examinations is not subject to convenience.

Result: Dismissed.

Table of Content
1. petitioner declared unfit after medical examination. (Para 1 , 2)
2. medical records considered by the court. (Para 3)
3. arguments on surgical correction of condition. (Para 4)
4. court's reasoning on medical unfitness upheld. (Para 5 , 6)
5. petition dismissed with no merit. (Para 7 , 8)

ORDER

[VIA VIDEO CONFERENCING]

1. The petitioner was a candidate in the recruitment carried out by respondent No. 2 Indian Air Force in the year 2020 to join as `Airmen' in Group `X' (Technical Trades) for intake in January, 2021. The petitioner applied for the position of Airman and after being selected, was subjected to medical examination on 30th December, 2020. Following the medical examination, the petitioner was issued a medical unfitness certificate on the following three grounds:(i) Varicocele left; (ii) External Haemorrhoids Grade 2; and, (iii) ECG abnormality. Aggrieved therefrom, the petitioner filed an appeal before the Appeal Medical Board, as provided for under Clause 20 of the notification for recruitment of Airmen and was directed to appear at the Station Medicare Centre on 15th January, 2021. The Appeal Medical Board also declared the petitioner unfit vide Certificate dated 1st March, 2021, on the following grounds:(i) Varicocele left; and, (ii) ECG abnormality.

2. It is the case of the petitioner that the petitioner underwent a surgery for correction of `Varicocele left' on 11th January, 2021 following which the same was categorised as Grade Zero. It is further the case of the petitioner that no ECG was conducted by the Appeal Medical Board upon the petitioner, when the petitioner appeared before the Appeal Medical Board. Therefore, it is the submission of the petitioner that the rejection by the Appeal Medical Board was wrong. Accordingly, it is prayed that the Medical Unfitness Certificate dated 1st March, 2021 by the Appeal Medical Board be set aside and the respondents be directed to reconsider the petitioner for the post of Airman.

3. Pursuant to the order of this Court dated 31st May, 2021, the counsel for the respondents has filed the Medical Manual along with relevant documents pertaining to the medical examination of the Petitioner. The counsel for the respondents places reliance on page 6 of the said documents, which has endorsements of examination of the petitioner by various medical officers of the respondents. He specifically places reliance on the endorsement of 8th February, 2021 wherein the doctor of the Base Hospital, Delhi Cantt., has recorded the petitioner to be unfit on account of Grade-1 `Varicocele left'. There is also an endorsement of 9th February, 2021, which records that the petitioner was declared `unfit in absentia', as the petitioner failed to appear for conducting of the ECG. The said medical record is summarised in the Certificate dated 1st March, 2021 at page 7 of the documents filed by the respondents, wherein the opinions of various specialists, as discussed above, have been recorded/summarised. Attention of this Court is also drawn to Clause 3.6.2 (b) on internal page 103 of the `Manual of Medical Examinations and Medical Board' (Medical Manual) of the respondent No. 2 Indian Air Force, (page 11 of the documents filed by the respondents). The said clause provides as under

"3.6.2 Clinical Examination...

(b) Varicocele

(i) Unfit-All grades of current varicocele

(ii) Fit-Post-operative cases of varicocele with no residual varicocele and no post of complication or testicular atrophy may be made fit after 04 weeks of surgery, for sub-inguinal varicocoelectomy."

In the light of the above, the Appeal Medical Board declared the petitioner to be unfit.

4. The counsel for the petitioner has vehemently urged that since the petitioner has undergone the surgery to correct `Varicocele left', the same should have been taken in account by the Appeal Medical Board while declaring the petitioner unfit. He further contended that the Appeal Medical Board should have been held later so t

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