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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Rishi Bhardwaj – Appellant
Versus
Union of India – Respondent
| 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 Certifi
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 court's decision was based on the findings of the medical file, including the repeat ECG test and consultation with a specialist doctor at the Appeal Medical Board, which determined the petitione....
The court confirmed that medical assessments conducted in accordance with established protocols can substantiate declarations of unfitness, even without new examinations if prior evaluations are prop....
The finality of medical opinion provided by the authorities under the Rules of the Air Force and the limitations of opinions from private or other government doctors.
Medical fitness determinations for military recruitment are authoritative and cannot be easily contested by private medical opinions, aligning with military standards in evaluations.
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 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.
Medical fitness for employment is assessed by specialized boards, and temporary improvements in health do not automatically warrant a change in fitness status.
The unhealed wound at the time of the medical examination rightfully disqualified the petitioner from selection.
Court held that a military medical board's opinion on fitness is paramount over civilian assessments, affirming the necessity of maintaining stringent health standards in defense roles.
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