The court upheld the Medical Board's decision declaring the petitioner medically unfit, emphasizing the stringent medical standards for Army recruitment and the necessity of adhering to established guidelines.

JUDGMENT :

1. By way of filing the instant writ petition, the petitioner has assailed the legality and validity of report of Medical Board dated 06.09.2024, whereby petitioner has been declared as medically unfit on account of having Hypopigment Patch and has also prayed that directions may be given to respondent No.2 to allow the petitioner to join as 'Agniveer' under the ‘Agnipath Scheme’ for the recruitment year 2024-25.

2. Facts of the case are that the respondents-Union of India through Recruiting Office (Headquarters) issued an advertisement for inviting application from eligible persons in ‘Agnipath Scheme’ for recruiting as “Agniveer” in recruitment year 2024-25. The petitioner, since fulfilling all the eligibility criteria, submitted his application form and as per the petitioner, he qualified the written examination and was declared as eligible for Phase-II of the recruitment process, which was Recruitment Rally and Physical Test.

3. Learned counsel for the petitioner submits that the petitioner also qualified the Physical Test conducted on 05.09.2024 and thereafter, he was directed to report for medical examination.

4. Learned counsel for the petitioner submits that although the petitioner was found fully medically fit, however, in quite arbitrary manner, Medical Board has declared him unfit on account of alleged disability of Hypopigment Patch in his Left Arm and Left Upper Back.

5. It was further submitted that feeling aggrieved the petitioner approached the Review Medical Board, where again he was examined by Review Medical Board on 11.09.2024 at the Military Hospital, Jaipur, however, Review Medical Board has also confirmed the aforesaid disability and no relief was granted to the petitioner.

6. Learned counsel for the petitioner submits that he has also consulted to S.M.S. Medical Hospital, Jaipur, which is a prime Government Hospital in the State of Rajasthan, where the skin Specialist have opined that the aforesaid disability-Hypopigment Patch was a birthmark, and therefore, as per the petitioner, it cannot be treated as disability. Learned counsel further submits that such birthmark shall not affect his efficiency and physical capacity to work as ‘Agniveer’, and therefore, the petitioner could not have been declared as medically unfit on account of such birthmark. Hence, he should be treated as medically fit and the respondents cannot deny him appointment solely on the basis of aforesaid disability.

7. Per contra, learned counsel for the respondents, while supporting the decision taken by the Medical Board to declare the petitioner as medically unfit, has also raised objection that although, Review Medical Board has also confirmed that the petitioner was having aforesaid disability, yet the petitioner has not challenged the report given by the Review Medical Board.

8. Learned counsel for the respondents has drawn the attention of this Court towards the requirement of medical examination contained in the advertisement, which are reproduced as under:-

"(d) Medical Examination.

(i) Medical examination of candidates who qualify in Physical Fitness Test, Physical Measurement Test and Adaptability Test will be conducted by Army Medical Team at the Rally site as per Army Medical standards and policy in vogue on the subject issue.

(ii) Unfit candidates will be referred to MH for specialist review. Candidates to report to designated Military Hospital within 5 days from referral and review medical exam to be completed by Military Hospital within 07 days as per policy.

(iii) The recruitment medical officer and the specialist doctors of Armed Forces are the final authorities on declaring a candidate fit or unfit during initial med examination, review medical examination and med examination prior to enrolment. The candidates shall be governed by Army standards which may be at variance from civil standards. There is no provision for representation or appeal or re-review after the review medical examination.

(iv) Passing in the medical