Delhi High Court
Shivam Yadav vs Union Of India & Ors. on 1 September, 2017
19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7704/2017 & CM 31850/2017
Date of decision: 1st September, 2017
SHIVAM YADAV ..... Petitioner
Through: Mr.S.S.Pandey and Mr.H.S.Tiwari,
Advs.
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Through: Mr.Vijay Joshi, Sr. Panel
counsel along with Flt. Lt. G.Paliwal and SGT
D.Srivastava
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE NAVIN CHAWLA
SANJIV KHANNA, J. (Oral)
The petitioner was declared as medically unfit by the Medical
Board on 21st July, 2016 at Air Force Hospital, Kalaikunda,
Kharagpur, West Bengal (4AFH) on the ground that he was unable
to squat.
2. The petitioner, thereafter, had filed an appeal and was
examined by the Appellate Medical Board at SMC, Air Force
Station, Bagdogra, West Bengal on 10th August, 2016. The
petitioner claims that he was referred to a Specialist and was
WP(C) 7704/2017 Page 1
examined at 158 Base Hospital, Bengdubi, West Bengal. The
petitioner was again declared as unfit on the ground that he was
unable to squat.
3. The petitioner has filed the present writ petition after nearly
one year on 31st August, 2017. In this writ petition, allegations
have been made against the Specialist Doctor who had examined
the petitioner in the Appellate Medical Board proceedings. The
petitioner claims that in the physical fitness test he was required to
squat 20 times within the stipulated time. The petitioner, it is
asserted was examined at Safdarjung Hospital, New Delhi on 22nd
July, 2017, and no abnormality has been recorded. Reliance is
placed on OPD card of Pt. B.D. Sharma PGIMS Rohtak dated 17th
June, 2017, observations of Dr. Chandeep Singh of Medanta
Hospital dated 8th July, 2017, etc.
4. Learned counsel for the petitioner asserts that there is no
delay and laches. He has referred to the communication dated 3rd
August, 2017 in response to the representation dated 19 th June,
2017.
5. These reports mentioned in paragraph 3 above, we notice,
WP(C) 7704/2017 Page 2
begin from June, 2017, nearly ten months after the petitioner was
declared as unfit on account of inability to squat by the Appellate
Medical Board, who had examined the petitioner in August, 2016.
6. Reply by the respondents vide letter dated 3rd August, 2017
to the representation made by the petitioner on 19th June, 2017
would not explain the delay from August, 2016 till the
representation dated 19th June, 2017 was made.
7. Learned counsel for the respondents who appears on an
advance notice submits that the petitioner did not even wait for
completion of the Medical Board proceedings in August, 2016. The
Appellate Medical Board had declared the petitioner as unfit in
absentia. This indicates and reflects that the petitioner was unable to
squat. Upon selection, the first lot of the selectee had joined training
in the month of January, 2017 and second lot had joined training in
the month of July, 2017. Fresh recruitment process for the year
2017 is already in progress.
8. In the present case, principle of delay and laches would
apply. The recruitment process and selection were completed with
the selectee joining training. The time gap of nearly one year
WP(C) 7704/2017 Page 3
indicates that the physical deficiency recorded in the two medical
examinations was correct.
9. Learned counsel for the petitioner submits that the petitioner
would like to apply again for selection to the Air Force. He submits
that the petitioner apprehends that he would be denied admit card,
because earlier he was declared as medically unfit. Learned counsel
for the respondents submits that the application form does require
the applicant to mention and state whether the said applicant was
declared medically unfit on an earlier occasion, albeit this would
not be a ground not to issue admit card. Therefore the petitioner can
apply and if he qualifies, he would be examined by the Medical
Board in accordance with law.
10. In view of the statement, the writ petition is dismissed. No
order as to costs.
SANJIV KHANNA, J
NAVIN CHAWLA, J
SEPTEMBER 01, 2017
RN
WP(C) 7704/2017 Page 4
