Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(KER) 12259

HIGH COURT OF KERALA
D. K. SINGH, J
KEVIN P BIJU (MINOR) – Appellant
Versus
SECRETARY UNION PUBLIC SERVICE COMMISSION (UPSC) – Respondent
WP(C) NO. 10966 OF 2025

Advocates:
For the Appellants/Petitioners: SUMESH J. ANTONY, BIJI MATHEW
For the Respondents: DAYA SINDHU SREEHARI

The court upheld the right to seek reevaluation of medical fitness in the selection process for the National Defence Academy.

Headnote:(A) National Defence Academy Selection Process - Medical Examination Procedure - The petition was filed challenging the decision of the Appellate Medical Board declaring petitioner medically unfit. The petitioner sought a Review Medical Board (RMB) for re-examination. Court directed the authorities to consider the request and subsequently granted it. The writ petition was closed as the issue was resolved. (Paras 1-3)

Findings of Court:
The Review Medical Board has been constituted and the petitioner is to report for re-examination.

Issues: Whether the decision of the Appellate Medical Board can be revisited through a Review Medical Board?

Ratio Decidendi: The court acknowledged the approval of the request for a Review Medical Board, indicating compliance with procedural fairness.

Result: Writ petition closed.

Table of Content
1. medical unfitness in nda selection (Para 1)
2. court directed review medical board instructions (Para 2)
3. closure of writ petition (Para 3)

JUDGMENT

The present writ petition has been filed by the petitioner, who was selected as a candidate for the 154^th course of the National Defence Academy (NDA). The petitioner was found medically unfit and the Appellate Medical Board also rejected his appeal vide Ext.P10 proceedings. Again, the said decision of the Appellate Medical Board in Ext.P10, the petitioner has filed an application for conducting the Review Medical Board (RMB) at Armed Forces Medical College (ARMF), Pune.

2. This Court, vide the order dated 21.03.2025, directed Mr.Daya Sindhu Sreehari, learned Central Government Counsel to seek instructions on the decision taken on the request of the petitioner for constituting a Review Medical Board for re-examining him.

3. The petitioner has been now directed to appear before the Review Medical Board at Army Research and Referral Hospital, New Delhi on 07.04.2025. As the request for constituting the review medical board has been granted by the authorities, nothing survives in this writ petition and the same is hereby closed.

Click Here to Read the rest of this document

2025 Supreme(Online)(KER) 12259

HIGH COURT OF KERALAD. K. SINGH, JKEVIN P BIJU (MINOR) – AppellantVersusSECRETARY UNION PUBLIC SERVICE COMMISSION (UPSC) – RespondentWP(C) NO. 10966 OF 2025

The court upheld the right to seek reevaluation of medical fitness in the selection process for the National Defence Academy.

HIGH COURT OF KERALA
D. K. SINGH, J
KEVIN P BIJU (MINOR) – Appellant
Versus
SECRETARY UNION PUBLIC SERVICE COMMISSION (UPSC) – Respondent
WP(C) NO. 10966 OF 2025