Arun Kumar vs Union Of India & Ors
2016 Latest Caselaw 2428 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     W.P.(C) 856/2016
      ARUN KUMAR                                       ..... Petitioner
                         Through : Mr. J.P. Sharma, Advocate with
                         petitioner in person.

                         versus

      UNION OF INDIA & ORS                         ..... Respondents
                    Through : Mr. Bhagwan Swarup Shukla with
                    Mr. Rachit Goel, Advocates with
                    Maj. Jitender Gupta, Unit IRO, Delhi Cantt.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI
      HON'BLE MR. JUSTICE SUNIL GAUR

                         ORDER

% 29.03.2016

1. The present petition has been filed by the petitioner praying inter alia

for quashing/setting aside the order dated 28.6.2015, whereunder he has

been issued a permanent Disability Slip and the order dated 9.12.2015,

whereby he has been declared unfit on account of a diagnosis of Corneal

Opacity Left Eye (Pupillary Area).

2. The petitioner had applied to the respondent/Indian Army for

enrolment as a Staff duty Clerk. He had appeared for the written

examination and after passing the common entrance examination, was duly

selected. On 11.11.2014, the petitioner was declared medially fit in the

examination. He was informed that as per the rules, the initial medical

examination is valid only for a period of six months and his fresh medical

examination would be undertaken at the end of six months, i.e., on

29.6.2015.

3. The petitioner had appeared before the Recruiting Medical Officer on

29.6.2015 and the following observations were made :

"2. Temporary Unfit/Permanent Unfit for service in the Armed Service due to the :-

(a) Abnormal behaviour for psychiatric evaluation (H/O ingestion of unknown stupefying substance followed by amnesia & trauma)

(b) Unsteady gait

(c) Corneal Opacity Lt Eye (Pupillary Area) low vision left eye

(d) (H/Q pain and trauma left eye)

(e) ______________________

(f) ______________________

(g) ______________________"

4. Having regard to the petitioner's medical condition recorded in the

form dated 29.6.2015, he was advised to report to the Base Hospital, Delhi

Cantt. for a further check up before a Specialist for all the disabilities

mentioned above. Pursuant thereto, the petitioner had appeared before the

psychiatric specialist and the ophthalmology specialist on 20.7.2015. While

the psychiatric specialist had noted that the petitioner is fit for duty, the

ophthalmology specialist has turned down his case as unfit on account of

corneal opacity of the left eye.

5. The records produced by the counsel for the respondents reveal that

the aforesaid reports were endorsed by the President of the Medical Board,

Base Hospital, Delhi Cantt. on 23.7.2015.

6. Counsel for the petitioner seeks to place reliance on an undated

medical fitness certificate issued by the Medical Officer of the Civil

Hospital, Palwal. However, the said report has not been prepared by a

specialist in the field. Furthermore, as pointed out from the records by the

counsel for the respondents, a candidate while applying for a medical

examination, has to sign a declaration that he will be medically examined as

per the medical standards required in the Army, which is at variance from

those required by civil standards due to the nature of service to be

undertaken in the Army.

7. Counsel for the respondents clarifies, on instructions, that though the

petitioner has applied for the post of a Staff Duty Clerk, apart from the task

of maintaining records, etc., he would be imparted training in fire arms and

ammunitions, etc., which would require a clear vision that he apparently

lacks.

8. In view of the aforesaid position and having perused the records, we

are not persuaded to accede to the request of the petitioner for convening a

Review Medical Board in his case. Accordingly, the present petition is

dismissed.

HIMA KOHLI, J

SUNIL GAUR, J MARCH 29, 2016 sk/ap