HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

WP(C) No. 798/2021

CM No. 3443/2021

CM No. 3980/2021

Pronounced on : 27.05.2022

Sunish Kumar

…. Petitioner (s)

Through:-

Mr. Amit Kumar, Advocate.

V/s

Union of India and others

…..Respondent(s)

Through:-

Mr. Vishal Sharma, A.S.G.I. with

Mr. Sumant Sudan, Advocate.

CORAM : HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE

JUDGMENT

01.

The petitioner participated in the open rally for the post of

Solider (General Duty) conducted by the Army Recruitment Office, Jammu

at Jorawar Stadium, Sunjwan Military Station, Jammu from 10.02.2021 to

10.03.2021 for the Districts Doda, Kishtwar, Kathua, Jammu, Poonch,

Rajouri, Ramban, Reasi, Samba and Udhampur.

02.

The medical examination of the petitioner was conducted on

05.03.2021 at the Rally site and after his medical examination, he was

declared medically unfit on account of Unhealthy Tympanic Membrane

and Surgical Scar; Right forearm. The petitioner was informed of the

disabilities and advised to report 166 Military Hospital, Jammu before

11.03.2021 for specialist medical review.

03.

The petitioner appeared before 166 Military Hospital, Jammu on

23.03.2021 before the concerned ENT Specialist with regard to

examination for Unhealthy Tympanic Membrane and Surgical Scar; Right

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forearm by the concerned specialist. The concerned specialist after

examining the petitioner on 23.03.2021 for Unhealthy Tympanic

Membrane, declared him unfit for the said disability. The petitioner,

however, remained absent for examination with regard to the disability of

surgical scar in the right forearm.

04.

The petitioner submits that he is absolutely fit and suffers from

no such disability, he has erroneously been declared medically unfit by the

respondents. The petitioner approached Shri Maharaja Gulab Singh

Hospital, GMC on 01.04.2021 for medical examination, the concerned

specialist doctor at the hospital after examining the petitioner, opined that

no such ailment of Unhealthy Tympanic Membrane was found.

05.

The contention of the petitioner is that the respondents have

arbitrarily declared him unfit for surgical scar, in the right forearm also

when no such disability was pointed out earlier when he participated in the

Army Recruitment Rally in the year of 2019. The petitioner, thus, is

aggrieved of being declared medically unfit for the post of soldier (General

Duty) when he does not suffer from these disability.

06.

It is submitted that the respondents/authorities without examining

the petitioner have arbitrarily declared him unfit even when he was fit, and

qualified for recruitment as Solider (General Duty). The petitioner, thus,

seeks a writ of certiorari for quashing Letter/Certificate RMDS No. 7332

vide which he has been declared medically unfit with disabilities of

Unhealthy Tympanic Membrane RT ear and Surgical Scar; Right forearm

and further to appoint him as soldier in category of Soldier General Duty

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(All Arms) for District Kathua in pursuant to the notification issued by the

respondent No. 2 for Army Recruitment Rally.

07.

Mr. Vishal Sharma, learned ASGI submits that the petitioner was

initially screened by two Recruiting Medical officers having sufficient

years of experience in the medical field who had diagnosed him for

disabilities Unhealthy Tympanic Membrane and Surgical Scar; Right

forearm. These disabilities were cross-examined by the by Senior

Recruiting Medical officer at Rally site, who concurred with the opinion of

the Recruiting Medical Officer.

08.

The petitioner was explained about the reasons for declaring him

unfit and was advised to report 166 Military Hospital, Jammu for

specialized review. In the review medical examination by the concerned

specialized, the petitioner was declared unfit for Unhealthy Tympanic

Membrane RT