Jyotsna Rewal Dua, Judge

This writ petition has been filed for the grant of following substantive relief:-

“a) That Review Medical Board (RMB) may kindly be constituted for an independent Review qua flat foot, thereby restoring the Petitioner’s fundamental right to fair consideration for public employment under Article 16 of the Constitution of India. Since, respondent had declared the petitioner unfit without conducting any medical procedure.”

2. Petitioner participated for recruitment as Agniveer in the selection process undertaken by the respondents pursuant to the advertisement published in March, 2025. Petitioner qualified the written examination. He also cleared the physical fitness and measurement test under the General category on 20.11.2025. He was called by the respondents for medical test on 21.11.2025. During the medical examination conducted on 21.11.2025, petitioner was declared provisionally unfit for ‘Flatfoot Bi Lateral and Tinia Cruris’. He was directed to report to Military Hospital, Shimla for review by the Specialists. Petitioner was examined by the Specialists at Military Hospital, Shimla on 10.12.2025. He was declared unfit for ‘Flatfoot Bi Lateral’ by the Specialists at Military Hospital, Shimla, however, found fit for ‘Tinia Cruris’. This has led the petitioner to institute the present writ petition.

3. Learned vice counsel appearing for the petitioner has disputed the findings and conclusions drawn by the Specialists of Military Hospital, Shimla in declaring the petitioner unfit for ‘Flatfoot Bi Lateral’. Arguments have also been made on merits of such diagnosis. It has further been submitted that petitioner’s diagnosis as unfit (Flatfoot) had been contradicted by the medical opinion of the Specialist of Dr. Yashwant Singh Parmar Government Medical College, Nahan, District Sirmour, which certified his foot structure as ‘Grossly NAD’ (No Abnormality Detected) and ‘Physiological’. Petitioner also contends that he had applied for Territorial Army and his medical examination was conducted on 31.12.2025, wherein, he was found fit. It was also contended that the petitioner was declared medically fit by the Army’s own Medical Board during the 2024 recruitment cycle.

Learned Deputy Solicitor General of India defends the medical opinion rendered by the Specialists of Military Hospital, Shimla by placing reliance upon several decisions rendered by different Hon’ble High Courts.

4. It hardly needs to be emphasized that Courts cannot assume the role of Medical Specialist to determine the fitness or otherwise of the candidates. The Court has no specialized medical expertise to sit in appeal over the findings of the Military Medical Boards solely because a candidate presents a conflicting fitness certificate from a civil hospital. However, in the instant case, looking to the petitioner’s grievance, where at the time of conducting medical test on 21.11.2025, he was declared unfit on two counts, i.e. ‘Flatfoot Bi Lateral’ and ‘Tinia Cruris’ and thereafter, the Military Hospital, Shimla declared the petitioner fit for ‘Tinia Cruris’ & unfit for ‘Flatfoot Bi Lateral’, as also keeping in view petitioner’s allegations of his having been found medically fit by the respondents during some previous recruitment process, in my considered view, it will be appropriate to direct the respondents to hold the Special Medical Board for the petitioner for his consideration for recruitment as Agniveer. Ordered accordingly. For this purpose, the petitioner shall be medically examined at ‘Command Hospital, Western Command, Chandi Mandir, Cantonment, Panchkula, Haryana-134107’ by the Special Medical Board on a date to be fixed by it. Petitioner shall be informed about the date on which his medical test would be conducted well in advance. This exercise be undertaken positively within four weeks.

The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.