CWP-27-2020

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234

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CWP-27-2020

Date of Decision: 02.09.2022

Sumit

...... Petitioner

Versus

Union of India and others

......... Respondents

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT

Present :

Mr. Ganesh Sharma, Advocate,

for the petitioner.

Mr. Satya Pal Jain, Additional Solicitor General of India, with

Ms. Amrita Singh, Advocate,

for the respondents.

*****

RAJBIR SEHRAWAT, J. (ORAL)

This is a petition filed under Articles 226/227 of the

Constitution of India seeking issuance of a writ of certiorari quashing the

impugned order dated 18.10.2019 (Annexure P-6) passed by the

respondents, whereby the petitioner has been declared medically unfit on

account of “CVS REVIEW” (Cardiovascular Status); as also seeking

issuance of a writ of mandamus directing the respondents to reconsider the

case of the petitioner for which he has been declared medically unfit for

“CVS REVIEW” and also seeking directions to the respondents to constitute

a Medical Board for the medical of the petitioner.

Learned counsel for the petitioner has submitted that the

petitioner had participated in the process of selection for the post of Airmen

in the Indian Air Force. However, at the stage of medical examination, the

VIRENDRA SINGH ADHIKARI

2022.09.06 17:52

I attest to the accuracy and

authenticity of this order/judgment

CWP-27-2020

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petitioner was adjudged as medically unfit by the Recruiting Medical Officer

by pointing out two problems, i.e. “CVS REVIEW” and “HYPER

HYDROSIS”. However, since the petitioner was entitled to avail the

remedy of appeal before the Appeal Medical Board, therefore, the petitioner

had approached the Appeal Medical Board; as well. The Appeal Medical

Board has found one count of unfitness as non-existence, therefore, he was

declared fit on that count, however, the Appeal Medical Board also declared

the petitioner to be medically unfit on the count of “CVS REVIEW”.

Learned counsel has further submitted that at the time of declaring medically

unfit by the Appeal Medical Board, the petitioner was not actually medically

examined by the Board and he was declared medically unfit only on re-

assessment of the record, which was submitted to it by the Recruiting

Medical Officer. Learned counsel has further submitted that, otherwise, the

petitioner has been declared to be medically fit even on this count by a

private Heart Institute named as Noble Heart and Super Speciality Hospital,

Rohtak. Therefore, the petitioner is medically fit and the respondents

deserve a direction to offer appointment to the petitioner.

On the other hand, learned counsel for the respondents has

pointed out that the petitioner was duly examined, initially, at the stage of

recruitment and thereafter, at the level of Appeal Medical Board. The

Appeal Medical Board had not only evaluated the illness as specified by the

Recruitment Medical Board, rather, had even medically examined the

petitioner again and even on examination by the Appeal Medical Board, the

petitioner was declared medically unfit on a single count instead of two

VIRENDRA SINGH ADHIKARI

2022.09.06 17:52

I attest to the accuracy and

authenticity of this order/judgment

CWP-27-2020

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counts; as was pointed out by the Recruitment Medical Officer. Learned

counsel has further submitted that none of the medical specialist is even

alleged to be personally against the petitioner. Therefore, being free from

any allegations of mala fide, the medical report prepared by the specialist of

the Armed Forces have to be relied upon. Qua the submission of the learned

counsel for the petitioner that the private hospital had declared the petitioner

medically fit, learned counsel for the respondents has submitted that

certificate of medical fitness provided by a private hospital is of no

relevance in the process o