O R D E R

% 02.06.2021 [VIA VIDEO CONFERENCING]

CM No.17654/2021 (for exemption)

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

2. The application is disposed of.

W.P.(C) 5662/2021 and CM No.17655/2021 (for interim directions)

3. The petitioner, a candidate in the recruitment process for grant of Short Service Commission in the respondent no.2 Armed Forces Medical Service, pursuant to advertisement inviting applications therefor, was declared unfit in the medical examination conducted on 26th August, 2020, for the reasons of, (i) being overweight by 10 kgs; (ii) having Deviated Nasal Septum (Left) (ENT); and, (iii) having ‘V’ shaped deep palate (dental).

4. The petitioner applied for Appeal Medical Board and the Appeal Medical Board found the petitioner to have reduced his weight, to within the permissible limits; however the petitioner was still declared unfit for the reason of non-functional occlusion on the left side of jaw. The petitioner applied for re-examination by Review Medical Board but which also found the petitioner unfit.

5. The petitioner does not dispute that he suffers from non-functional occlusion on the left side of jaw. The counsel for the petitioner exp