The main legal point established in the judgment is that the review medical examination and declaration of 'unfit' must be in accordance with the Indian Army Recruitment Rules and the principle of natural justice.

JUDGMENT :

B.R. Sarangi, J.

1. The petitioner, who holds the qualification for being considered for the post of Soldier General Duty (Sol GD) in Indian Army, has filed this application challenging the recommendation for cancellation of his candidature made by the Director Recruiting, Army Recruitment Office, Cuttack-opposite party No. 4 to the Chief of Army Staff, Headquarters Recruitment Zone, Army Headquarters, Kolkata, vide letter No. D/301/19 dated 27.04.2011 in Annexure-I, and consequential cancellation made by opposite party No. 2, vide letter No. D/4042/SA dated 01.07.2011 In Annexure-2, addressed to the Army Recruitment Office Cuttack (Orissa) on the basis of the medical certificate given by the INHS Kalyani, Visakhapatnam declaring him unfit.

2. The factual matrix of the case, in hand, is that the Director of Recruiting, Army Recruiting Office, Cuttack-opposite party No. 4 published a recruitment notice in the Oriya weekly newspaper "Nijukti Khabar" dated 30.10.2010 to 05.11.2010 inviting applications from eligible candidates in the Army Recruitment Rally for appointment to the post of Soldier General Duty (Sol GD) for which medical examination and documentation was to be held on 15.12.2010 at Balasore (Orissa) and common entrance examination of medical fit candidates was to be held on 30.01.2011 at Barabati Stadium, Cuttack. Pursuant to such advertisement, the petitioner offered his candidature for medical test and submitted necessary documents in the Army Recruiting Office, Cuttack on the scheduled date and after completing such medical examination, he was issued with an admit card bearing Roll No. KOL/CUT/GD/300111/1004 to sit 111 the common entrance examination, which was to be held on 30.01.2011 at Barabati Stadium, Cuttack. After successfully completing the common entrance examination held on 30.01.2011, a call letter of dispatch dated February, 2011 was issued to the petitioner showing him as a selected candidate for Soldier General Duty (Sol GD), Cat, GEE held on 30.01.2011 at Army Recruiting Office, Cuttack asking him to produce specified documents stated at paragraph-2 of the call letter at the time of dispatch and further advised to report to Army Recruiting Office, Cuttack on 22.02.2011 for document check and for final dispatch drill. In compliance of the same, the petitioner submitted all the required documents, including original certificates and mark sheets of educational qualification, before the Army Recruiting Office, Cuttack on the scheduled date and appeared on 23.02.2011 in the final dispatch drill at the Army Recruiting Office, Cuttack.

2.1. The petitioner, after successfully completing all the test, was lastly put to eye screening test on 14.03.2011, wherein the Medical Officer, Army Recruiting Office, Cuttack found readings "Refractive error 6/9 R+" and referred the case of the petitioner to INHS Kalyani, Visakhapatnam for further eye test to be held on 23.03.2011. As per the direction of Army Recruiting Office, Cuttack, the petitioner on 23.03.2011 reported before the Medical Officer, INHS Kalyani, Visakhapatnam, who gave a reading as "6/18 for left and 6/24 for right eye" and issued Medical Review Certificate No. Rec, 191 dated 23.03.2011 declaring the petitioner 'unfit'. But the authority did not communicate anything to the petitioner regarding status of his candidature. In the mean time, the petitioner himself undergone a test at SCB Medical College and Hospital, Cuttack, which gave a reading "6/6 and 6/6 fur both eyes" and accordingly he requested the opposite parties not to go with the Medical Review Certificate issued by the INHS Kalyani, Visakhapatnam. But the effort made by the petitioner went in vain.

2.2. When appointment letters were issued to similarly situated persons and allowed them to join in training, the petitioner finding no other way out, approached this Court by filing W.P.(C) No. 17745 of 2011 seeking direction to the opposite parties for issuance of appointment order for the