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.

Headnote:(A) Recruitment procedures within the Armed Forces - Review Medical Board examination - The court considered the petitioner's appeal against the findings of the Medical Board deeming him unfit due to vision issues, and ruled that decisions of Medical Boards are final, emphasizing standards of medical fitness necessary for military recruitment. (Paras 3, 4, 10, 12, 14, 16)

(B) Delay in filing petitions - The court noted that the significant delay in filing the petition, nearly seven months post-decision by the Appeal Medical Board, precluded any potential relief, reinforcing the principle that candidates must act promptly in recruitment matters to preserve their claims. (Paras 12, 14, 16)

Facts of the case:
The appellant challenged a Medical Board's determination of unfitness for service based on vision criteria, despite medical evaluations from other institutions declaring him fit. The request for a Review Medical Board was delayed and ultimately denied.

Findings of Court:
The petitioner's challenge was dismissed primarily due to the delay in bringing the matter to court which impacted the eligibility for the current recruitment process.

Issues: The main issues were the timeliness of the petition following the Appeal Medical Board's decision and the finality of Medical Board findings in recruitment fitness.

Ratio Decidendi: The court held that the standards of medical fitness for military recruitment are essential and that the opinion of military medical professionals should prevail over other assessments; further, the considerable delay in petition filing negated any entitlement to relief.

Result: Dismissed.

Table of Content
1. petitioner's medical examination findings. (Para 3 , 4 , 5)
2. procedural requirements for review. (Para 6 , 7 , 10)
3. delay in filing impacts petition. (Para 12 , 13)
4. legal standards for medical fitness. (Para 14 , 15 , 16 , 17)

ORDER

[VIA VIDEO CONFERENCING]

CM No.18312/2021 (for exemption)

1. Allowed, subject to just exceptions and as per extant rules.

2. The application is disposed of.

W.P.(C) 5847/2021

3. This petition has been filed, impugning the findings of the Medical Board and the Appeal Medical Board and seeking mandamus, directing the respondent no.1 Union of India (UOI) and respondent no.2 Directorate General of Recruiting, Adjutant General's Branch, Integrated Headquarters of Ministry of Defence, to convene a Review Medical Board for examination of the petitioner and to appoint the petitioner on the basis of medical certificates issued by the government hospitals.

4. It is the case of the petitioner, (a) that pursuant to the Notification dated 7th August, 2019 inviting applications for admission to the Army, Navy and Air Force wings of the National Defence Academy for the 144th Course, and for the 106th Indian Naval Academy Course, the petitioner participated and cleared the Phase-I and Phase-II of the recruitment process/examination; (b) however in the medical examination conducted on 17th July, 2020, the petitioner was declared unfit; (c) the petitioner appealed and was examined by the Appeal Medical Board on 24th August, 2020, which declared the petitioner unfit for the reason of having substandard unaided vision in both the eyes and also for the reason of refractive error beyond permissible limit and issued a certificate dated 28th August, 2020 in this regard; and, (d) the petitioner got himself examined at the All India Institute of Medical Sciences, Jodhpur as well as from other government hospitals at Jodhpur, on 13th and 14th October, 2020, which found the petitioner to be fit and the petitioner, on 15th October, 2020 protested against the said finding of the Appeal Medical Board declaring him medically unfit and sought examination by a Review Medical Board. Pleading, that no response has been received to the communication dated 15th October, 2020, this petition has been filed.

5. The petitioner, in the petition has also pleaded that the Appeal Medical Board at Bangalore, which examined the petitioner, was not aware that the examination was also for vacancies in Indian Air Force (Ground Duty); therefore the petitioner was not examined for Indian Air Force, whose criteria in relation to vision is wider. It is further pleaded that the petitioner is also fit for Army, Navy and other branches of Air Force and the petitioner can be considered for branches for which he is medically fit.

6. A perusal of Annexure P-1 to the petition, being titled "Instructions to Candidates Found Unfit by Appeal Medical Board" shows the same to be instructing the petitioner, inter alia as under:

"2. You may choose to seek a review of the above decision of the AMB by submitting a written application addressed to the DGAFMS, Ministry of Defence, M Block, DHQ P.O. New Delhi - 110001 and to be handed over to the undersigned (i.e. President Appeal Medical Board within one calendar day of completion of AMB, duly specifying the name of any one of the following two AFMS establishments where you would like to undergo a Review Medical Board, if granted by the competent authority:

(a) Army Hospital (Research & Referral), New Delhi

(b) AFMS Pune

3. You are hereby informed that RMB is granted at the discretion of the DGAFMS, based on merits of the case and that RMB is not a matter of right.

4. Should your request seeking review of the decision of AMB as per procedure specified above, be accepted by the competent authority, you have to report for Review Medical Board at the selected establishment under your own arrangements on the date intimated to you by the DGAFMS/DG-3A. In case you do not reporting on the spec