Ashutosh Rathi vs Union Of India & Ors
2016 Latest Caselaw 1904 Del

$~23
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    W.P.(C) 1959/2016 & CM No.8458/2016

      ASHUTOSH RATHI                                    ..... Petitioner
                  Through:            Mr. Ajit Kakkar, Advocate

                          versus
      UNION OF INDIA & ORS                    .....Respondents
                    Through: Mr. Anil Soni, CGSC
      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI
      HON'BLE MR. JUSTICE SUNIL GAUR
                    ORDER

% 09.03.2016

1. The present petition has been filed by the petitioner praying inter alia for quashing the order dated 13.1.2016, passed by the respondent No.3 declaring him unfit for the post of Airman in the Indian Air Force on the following grounds:

(a). OVER WT > ISD

(b). EXTERNAL HAEMORRHOIDS

(c). ECG (R) - RAD

2. Facts of the case are that the petitioner had applied for the post of Airman and had appeared in the written examination for enrolment in the Indian Air Force where he was declared successful, vide result dated 8.12.2015. The petitioner was called for his medical examination, scheduled for 13.1.2016. In the medical examination conducted on 13.1.2016, the petitioner was declared unfit, on the three counts mentioned above. Thereafter, the petitioner had appealed for an Appeal Medical Board that was conducted on 16.2.2016. The records produced by counsel for the

respondents reflects that the petitoner's ECG was normal, but external hemorrhoids were seen and on 18.2.2016, he was declared unfit. Thereafter, the petitioner had appeared before the Medical Board on 8.3.2016 and he was declared unfit on the ground that his weight was 75 kg. and even after giving him the benefit of ± 10% of the ideal weight and having regard to his height, i.e, 183 cm, the petitoner's ideal weight ought to have been 66 kg ± 6.3 kg, whereas he was found over weight by 2.7 kg.

3. Though the grounds raised in the present petition focus on the fact that the petitioner does not suffer from any external hemorrhoids which is sought to be substantiated on the basis of the reports obtained from Pt. B.D. Sharma PGIMS, Rohtak and of AIMS Hospital, Delhi, the fact that he is overweight cannot be disputed in view of the medical check up conducted on 8.3.2016.

4. In such circumstances, keeping aside the objection of external hemorrhoids, the petitioner being overweight itself has weighed with the respondents in declaring him medically unfit. We do not see any ground for interfering in the impugned order declaring the petitioner unfit for the post of Airman for the aforesaid reason.

5. Accordingly, the present petition is dismissed, along with the pending application. The original records are returned to the respondents.

HIMA KOHLI, J

SUNIL GAUR, J MARCH 09, 2016 sk/mk/ap