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IN THE HIGH COURT OF DELHI
Manmohan, Navin Chawla, JJ.
Rishav Dev - Appellant
Versus
Union of India - Respondent
W.P.(C) 1656 of 2022
Decided On : 28-01-2022
The court affirmed the stringent medical standards for Armed Forces recruitment, rejecting private medical opinions and upholding the discretion of medical authorities regarding the denial of a Review Medical Board.
Headnote:(A) Air Force Common Admission Test Notification - Requirement for medical fitness specified - Petitioner declared medically unfit due to 'substandard colour perception CP-IV' and denied Review Medical Board (RMB) - No reason provided for RMB rejection. (Paras 1-6)
(B) Medical Standards - Court upheld stringent standards for Armed Forces - Reliance on private medical opinions rejected, given that Forces’ doctors are best suited to determine fitness. (Paras 13-14)
(C) Discretionary Power - Denial of RMB not a matter of right but at the discretion of Director General Armed Forces Medical Services based on medical findings. (Paras 14-15)
Facts of the case:
The petitioner, after clearing several stages of selections for the IAF, was declared unfit at the IAM, Bengaluru, and later at the AMB due to issues with colour perception. He sought a RMB at the Armed Forces Medical College, which was rejected without explanation.
Findings of Court:
Court found no merit in the petition; upheld findings of medical professionals and affirmed that the decision for RMB lies at the discretion of the medical services based on established standards.
Issues: Main issues examined were the appropriateness of the medical tests conducted and the validity of the denial for a Review Medical Board.
Ratio Decidendi: The court concluded that color vision CP-IV is inadequate for recruitment, and the discretion of the medical services in denying the RMB was not arbitrary given the factual medical examinations conducted.
Result: Petition dismissed.
| Table of Content |
|---|
| 1. petition for medical review process (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments for reconsideration of medical assessment (Para 7 , 8) |
| 3. court's findings on medical standards (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. dismissal of the petition (Para 15) |
JUDGMENT
Navin Chawla, J. (Oral)--The petition has been heard by way of video conferencing.
1. The present petition has been filed seeking quashing of the impugned letter dated 31.08.2021 issued by respondent no. 3 whereby the petitioner's request for the conduct of a Review Medical Board (in short, 'RMB') has been rejected. The petitioner further seeks a direction to the respondents to conduct a RMB of the petitioner at the Armed Forces Medical College, Pune and if the petitioner is found fit, allow the petitioner to join the next course of the Indian Air Force (in short, 'IAF') for Aeronautical Engineers or Administrators.
2. It is the case of the petitioner that pursuant to the Notification for the conduct of the Air Force Common Admission Test-02/2020 (hereinafter referred to as the 'AFCAT Notification'), the petitioner applied for the post of Group A, Gazetted Officers of Flying and Ground Duty (Technical/Non-technical branches) of the IAF. Upon clearing both the written test and the Engineering Knowledge Test (in short, 'EKT'), the petitioner was invited to appear for the interview at 3 AFSB, Gandhinagar, Gujarat. The petitioner, having cleared the interview stage as well, was recommended to join the following courses of the IAF:
i) 209/21T/PC/99AEC/M [Aeronautical Engineer (M)];
ii) 209/21T/SSC/99AEC/M [Aeronautical Engineer (M)];
iii) 209/21G/PC/M [Administration]; and
iv) 209/21G/SCC /M [Administration]
3. The induction of the petitioner to the IAF for the aforementioned courses was subject to the medical examination.
4. The petitioner was directed to appear for a medical examination at the Institute of Aerospace Medicine, IAF, Bengaluru (hereinafter referred to as 'IAM Bengaluru'), where vide the report dated 12.05.2021, the petitioner was declared medically unfit for recruitment to the IAF on the ground of 'substandard colour perception CP-IV'. Aggrieved by the report of the medical examination, the petitioner applied for the conduct of an Appeal Medical Board (in short, 'AMB').
5. At the AMB stage, the petitioner was examined at the Base Hospital, Delhi Cantt., Air Headquarters, RK Puram, New Delhi (hereinafter referred to as the 'Base Hospital'), wherein he successfully cleared the Ishihara Booklet Test. The doctors at the AMB stage then referred the petitioner for further opinion to the Army Research and Referral Hospital, Dhaula Kuan, New Delhi (hereinafter referred to as 'R&R Hospital'), where the petitioner was made to undergo the Martin Lantern Test to determine colour perception. The petitioner, upon failing the test, was again declared medically unfit on the ground of 'sub-standard colour perception CP-IV' vide report dated 08.07.2021 and vide letter dated 12.07.2021.
6. The petitioner vide application dated 09.07.2021, applied for an AMB to be conducted at Armed Forces Medical College, Pune, however, the same has been rejected by the respondents vide their impugned communication dated 31.08.2021 without assigning any reason for such rejection.
7. The learned counsel for the petitioner submits that after being declared medically unfit by the IAM, Bengaluru, the petitioner had sought treatment at the Sanjeevan for Perfect Eyesight Hospital, Mumbai for his sub-par colour vision. He submits that after having received treatment, the petitioner sought a second opinion by an ophthalmologist at the Bombay Hospital and Medical Research Centre, Mumbai, where it was reported that the colour vision of the petitioner was 'within normal limits'. The learned counsel for the petitioner places reliance on the medical report dated 14.07.2021 of a Senior Resident in the Department of Ophthalmology, All India Institute of Medical Sciences, New Delhi, vide
