Delhi High Court
Rudranarayan Sahoo vs Union Of India & Ors. on 18 August, 2017
10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ WP(C) No.10330/2016
Date of decision: 18th August, 2017
RUDRANARAYAN SAHOO ..... Petitioner
Through: Mr.Ankur Chhibber, Adv.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr.Vikas Mahajan, CGSC with
Mr.S.S.Rai, Adv. along with Lt.
Col.Vikrant & Surg Cdr Narayan S.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE NAVIN CHAWLA
SANJIV KHANNA, J. (Oral)
CM No.10919/2017 (delay in filing counter affidavit)
For the reasons stated in the application, delay is condoned.
The application is disposed of.
WP (C) 10330/2016
Rudranarayan Sahoo, the petitioner, impugns the order dated
12.08.2016 by which he was declared medically unfit and thereby his
candidature as Sailor in Indian Navy was cancelled.
WP(C) 10330/2016 Page 1
2. The petitioner had earlier in 2015 participated in the selection
process and was declared medically unfit for DNS (Lt) Side with (Post OP
Synechia (Lt) by the Recruitment Medical Officer on 11.09.2015. Taking
advantage of the provision of appeal, the petitioner had then reported and
was examined at the Command Hospital, Calcutta. He was declared
medically fit. In counter affidavit filed by the respondents, it is accepted
that the petitioner had undergone medical operation to correct DNS before
he had reported to the review medical board at the Command Hospital,
Calcutta.
3. However, the petitioner was not selected despite being medically
fit, in view of his rank.
4. The petitioner had again applied in the next batch and has qualified
the written examination, physical efficiency test, and was declared fit in
the preliminary recruitment medical examination.
5. However, the petitioner was declared temporary unfit for B/L
Latent Squint and DNS (Lt) Side in the Final Medical Examination at INS
Chilka on 12.08.2016. The respondents state that there is no provision of
appeal against the final medical examination. However, in the counter
affidavit in paragraph 10, the respondents accept that the petitioner was
WP(C) 10330/2016 Page 2
examined the second time by Medical Specialists at INHS Nivarini. The
petitioner was declared fit for B/L Latent Squint by Classified Eye
Specialist, but was declared unfit for DNS (Lt) Side (Post OP Synechia-
LT) by the Classified ENT Specialist on 12.08.2016. It was recorded that
Post OP Synechia-LT was present in left nasal cavity.
6. The respondents accept that DNS by itself is not a disqualification
and candidates with the said diagnosis are not treated as unfit unless
obstruction is interfering with the nasal airway. We have referred to the
said position as the medical officer at INS Chilka, who had examined the
petitioner on 12.08.2016, had not commented or observed any obstruction
in the airway. The petitioner was disqualified as unfit because of DNS,
which is contrary to the guidelines. Further, the medical officer at INS
Chilka had not observed post OP Synechia-LT in the left nasal cavity, a
condition which was recorded for the first time by the doctors in INHS
Nivarini. This condition, it is accepted, is temporary and indicates a recent
operation.
7. Regarding the question whether the petitioner had undergone nasal
procedure or operation immediately before his examination on
12.08.2016, the position of the petitioner is that he had undergone the said
WP(C) 10330/2016 Page 3
operation in September, 2015 and thereafter, was examined by Command
Hospital, Calcutta and was declared fit. The petitioner has categorically
stated that he has never been operated thereafter. The petitioner has relied
upon the OPD Card issued by the AIIMS dated 22.09.2016 which records
no history of nasal obstruction and nasal discharge.
8. Learned counsel for the petitioner has drawn our attention to several
decisions of this Court including in Krishna Kumar Gurjar v. Union of
India & Ors. in WP (C) No. 946/2016 decided on 11.03.2016 and Vicky
v. Union of India & Ors. WP (C) 4260/2016 decided on 13.05.2016,
wherein the petitioner therein, on being declared unfit by the medical
officer of INS Chilka, was referred for medical examination at Army
Research and Referral Hospital, Delhi who were directed to constitute
Review Medical Board.
9. Keeping in view the aforesaid factual background, we are of the
opinion that the petitioner should be examined by Army Research and
Referral Hospital, Delhi and thorough examination would be conducted. It
should be ascertained whether the petitioner had undergone nasal surgery
in last one year. In case there are indications that the petitioner had
undergone nasal surgery, he would be declared medically unfit. The
WP(C) 10330/2016 Page 4
doctors/specialists would also examine whether the nasal cartilage was
obstructing nasal airway. The doctors /specialists as experts would decide
whether the petitioner is fit or unfit to take up the job as a Sailor. The said
exercise will be done within a period of six weeks from the date of this
order.
10. With the aforesaid observation, writ petition is disposed of with no
order as to cost.
SANJIV KHANNA, J
NAVIN CHAWLA, J
AUGUST 18, 2017/vp
WP(C) 10330/2016 Page 5
