Delhi High Court
Bharat Kumar vs Union Of India & Others on 12 September, 2012
Author: Pradeep Nandrajog
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision:12th September, 2012
+ W.P.(C) 4566/2012
BHARAT KUMAR ..... Petitioner
Represented by: Mr.S.S.Pandey, Adv.
versus
UNION OF INDIA & OTHERS ..... Respondents
Represented by: Mr.Ankur Chhibber, Adv. with
Wg.Cdr.R.Mohanty, Joint Director, Medical
Services, Air Headquarters, R.K.Puram, New
Delhi.
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MR. JUSTICE MANMOHAN SINGH
PRADEEP NANDRAJOG, J. (Oral)
1. At a medical examination the petitioner was declared unfit by
the doctors at the Air Force Central Medical Establishment; being opined to
be a patient of 'Hypertension'. The post for which the petitioner was
seeking appointment was that of a Fighter Pilot in the Indian Air Force.
2. And suffice would it be to state that 100% fitness would be the
sine qua non to be appointed as a Fighter Pilot in the Indian Air Force.
3. The petitioner knew that he had been subjected to an 'Bravo
Ambulatory Blood Pressure Test' at which he was declared a patient of
hypertension and thus he claims having got himself medically re-examined
for hypertension at Medanta Hospital where he was subjected to the
Ambulatory Blood Pressure test and was opined to be normal. As per the
petitioner he got himself medically examined at Safdarjung Hospital where
he was opined to be normal.
4. Now, recognizing that hypertension is detected by recording the
Blood Pressure and candidates could be prone to develop what is called
'White Coat Hypertension', due to stress of medical examination or anxiety
i.e. there being a transient rise of Blood Pressure, the experts in the field
have opined that when at a routine examination, high Blood Pressure is
detected, to rule out the same being a transient rise, the person should be
subjected to an 'Ambulatory Blood Pressure' test, which means that
monitors are put for a 24 hour duration and a person is permitted to do the
normal activities i.e. chat with friends, eat, drink and sleep. If the Blood
Pressure constantly shows an abnormality, it is attributable to a chronic
hypertension and not a transient hypertension, and as lay persons we would
simply understand this to mean that when a person is in a relaxed condition
or when the person is sleeping, the work or anxiety related stresses would
disappear and so would the high Blood Pressure. But if the high Blood
Pressure continues to be shown when a person is relaxed or is sleeping i.e. in
a sub-conscious state of mind, it has to be treated as a case of chronic
hypertension.
5. If experts in the field so agree, we are nobody to substitute the
opinion. And as regards the plea of the petitioner that no such medical
disability was detected at Medanta Hospital and Safdarjung Hospital, the
answer would be, as told to us by Wing Commander Dr.R.Mohanty,
Jt.Director, Medical Services, Air Head Quarters, R.K.Puram, that it is easy
to overcome chronic hypertension being detected by taking medicine to
control the blood pressure, for then, due to medicine the blood pressure is
controlled and notwithstanding chronic hypertension existing, the same
cannot be detected i.e. the medical infirmity can be masked.
6. Since we are dealing with an appointment to a post which
requires 100% physical fitness and if there is a doubt, to err in favour of the
Indian Air Force Authorities because it would be a high risk situation to
permit a chronic hypertension patient to fly combat aircrafts; not only
endangering the life of the pilot but even others.
7. Declining the request that the petitioner be re-examined for the
reason it would be easy for the petitioner to mask the problem and
simultaneously highlighting that for the report against the petitioner there is
data with the respondent in the form of petitioner's blood pressure being
monitored for a continuous period of 24 hours, we dismiss the writ petition
but without there being any order as to costs.
(PRADEEP NANDRAJOG)
JUDGE
(MANMOHAN SINGH)
JUDGE
SEPTEMBER 12, 2012
dk
