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2025 Supreme(Online)(KER) 15510

HIGH COURT OF KERALA
D. K. SINGH, J
MOSES S – Appellant
Versus
UNION OF INDIA – Respondent
WP(C) 12014/2025



Advocates:
RATHEESH B., GYOTHISH CHANDRAN, SANUJU R.

The court upheld that the Air Force recruitment process does not allow for a Review Medical Board after an Appellate Medical Board's decision, emphasizing adherence to established procedures.

Headnote:(A) Air Force Act - Medical Examination Procedures - The petitioner was declared medically unfit by both the Primary and Appellate Medical Boards due to an ECG abnormality. The petitioner sought a Review Medical Board, which is not provided for in the Air Force recruitment process. (Paras 1-6)

(B) Judicial Review - The court cannot substitute its findings for those of medical experts in the absence of a provision for a Review Medical Board. (Paras 5-7)

Facts of the case:
The petitioner qualified for the Airmen position but was declared unfit due to medical findings. The petitioner contested these findings based on reports from private medical facilities.

Findings of Court:
The court upheld the decisions of the medical boards, stating that the recruitment process does not allow for external medical evaluations.

Issues: The main issues were whether the court could direct a Review Medical Board and the validity of the medical findings.

Ratio Decidendi: The court ruled that it cannot alter established procedures for medical evaluations in the Air Force recruitment process.

Result: Writ petition dismissed.

JUDGMENT

The petitioner had undergone the selection process on the post of Airmen in the Indian Air Force, Group Y Medical Assistant trade. The petitioner qualified in the physical and written examination. However, the medical examination was scheduled on 07.02.2025 at 6 Air Force Hospital Coimbatore. The petitioner was declared medically unfit by the Medical Board.

2. The petitioner filed an appeal against the findings of the Medical Board dated 07.02.2025 declaring the petitioner medically unfit. The Appellate Medical Board re-examined the petitioner on 05.03.2025 at SMC, HQ TC Bangalore, and the Appellate Medical Board also found the petitioner unfit for appointment in the Air Force as Airmen. The Primary Medical Board and the Appellate Medical Board, both have noticed the “ECG abnormality – Left Axis Deviation”

3. The learned Central Government Counsel submits that after the Appellate Medical Board, there is no provision for a Review Medical Board, and the findings of the Appellate Medical Board are final.

4. The learned counsel for the petitioner submits that the petitioner got himself examined by a Consultant Interventional Cardiologist at M/s. Neyyar Medicity, Kattakkada and he did not detect any abnormality in the petitioner’s ECG. After the Appellate Medical Board found the petitioner unfit, the petitioner consulted the Cardiologist at Sree Chitra Tirunal Institute of Medical Sciences & Technology, Trivandrum, and he has undergone all the tests. The report of the Sree Chitra Tirunal Institute of Medical Sciences & Technology, Trivandrum has been placed on record as Ext.P5. The learned counsel for the petitioner, therefore, submits that the findings recorded by the Primary and Appellate Medical Board are incorrect and which are at variance with the medical report of the petitioner given by Sree Chitra Tirunal Institute of Medical Sciences & Technology, Trivandrum. The submission is that this Court may direct the respondent to constitute a Review Medical Board to re-examine the petitioner for his medical fitness. It is further submitted that in the Army, there is a provision for a Review Medical Board after the Appellate Medical Board examines the candidate. 5. I have considered the submissions. This Court cannot substitute and laid down a different procedure for the selection and appointment of the persons in the Air Force. As per the laid down procedure, there is no provision for a Review Medical Board, once the Appellate Medical Board finds a candidate unsuitable for the job. The Army and Air Force have different procedures and different requirements of the personnel serving therein. If the Army has a provision for the Review Medical Board, that will not entitle the petitioner to the Review Medical Board examination if there is no such provision existing in the recruitment process for the Airmen in the Air Force.

6. The petitioner’s medical certificate obtained from private hospital and Sree Chitra Tirunal Institute of Medical Sciences & Technology, Trivandrum, are of no use inasmuch the recruitment procees doesnot contemplate and provides for medical examination of candidates outside the Primary Medical Board and Appellate Medical Boards constituted in Army/Air Force hospitals.

7. In view thereof, this Court cannot substitute the findings of the Primary Medical Board and Appellate Medical Board regarding the petitioner’s medical fitness for appointment as Airmen, and once the medical experts have found the petitioner unfit, there is no occasion for this Court for direction to re-examine the petitioner for which there does not exist provision.

Thus, I do not find that there is any substance in the writ petition, which is hereby dismissed.

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