Delhi High Court
Sagar Dhaiya (Minor) Through ... vs Union Of India And Ors. on 12 January, 2018
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10419/2017
SAGAR DHAIYA (MINOR) THROUGH FATHER SHRI
MANJEET SINGH
..... Petitioner
Through: Mr. Virender Singh Kadian, Advocate
versus
UNION OF INDIA AND ORS.
..... Respondent
Through: Ms. Shiva Lakshmi, CGSC,
Mr.Ruchir Ranjan Rai, with Sgt. D.
Srivastava, CASB.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MR. JUSTICE P.S. TEJI
ORDER
% 12.01.2018
1. The present petition has been filed by the petitioner, praying,
inter-alia, for quashing the Medical Unfitness Certificate dated
07.09.2017 by which he was declared medically unfit for enrolment in
the Indian Air Force on account of the disability, i.e., "Crepitus Both
Knees".
2. The brief undisputed facts of the case are that in the year 2017,
the respondent had invited applications for recruitment of candidates
to the post of Airmen in Group X trade in the Indian Air Force. The
petitioner had applied for recruitment to the said post and had
successfully cleared the written and physical test on 09.02.2017. The
petitioner was called to appear for his medical examination before the
Medical Board Centre at Barrackpore, (West Bengal) on 22.07.2017.
During his initial medical examination, on evaluation by the Medical
Officer, the petitioner was declared unfit on the ground that he was
suffering from 'hyperbilirubinemia and Crepitus both knees'. The
petitioner opted to file an appeal against the decision of the Medical
Board, which was allowed and vide letter dated 22.07.2017, he was
directed to appear before the Appellate Board on 08.08.2017 at the
Base Hospital, Bagdogra, where he was evaluated for "Crepitus Both
Knees" by the Gd. Specialist (Orthopaedics) who found that he did
suffer from 'Crepitus in multiple joints' and declared him unfit on
account of the disability "Crepitus Both Knees", in terms of the
recommendation dated 10.08.2017.
3. Learned counsel for the respondent states that the petitioner did
not report to the concerned specialist for obtaining an opinion in
respect of the other disability namely 'hyperbilirubinemia', though he
had given his blood sample at the hospital. It is however not disputed
that the Board Report of the petitioner had cleared him of
'hyperbilirubinemia'. Instead, he gave his written unwillingness to
obtain an opinion from the Specialist for the said disability on
07.09.2017. In view of the report of the Orthopaedic doctor, who had
examined the petitioner on 08.08.2017, the Appeal Medical Board
issued an unfitness certificate dated 07.09.2017 to the petitioner
declaring him medically unfit on account of 'Crepitus Both Knees".
4. Counsel for the petitioner states that after two months from the
date of issuance of the medical unfitness certificate by the Appeal
Medical Board, the petitioner had got himself examined as an
outpatient at the All India Institute of Medical Science Hospital, New
Delhi in the Orthopaedic Department, where the doctor had opined
that he was fit to perform any duty and no specific tests with regard to
both the knees were conducted. Hence, the present petition.
5. Learned counsel for the respondent opposes the present petition
and point out that even the report of the Orthopaedic doctor at AIIMS
Hospital clearly stated that the petitioner is suffering from 'Crepitus
Both Knees', as is apparent from a perusal of Annexure P-5. She
clarifies that para 3.9.21 of the General considerations and Principles
of Medical Examination and Medical Boards stipulates that while
examining the knee joints, fitness "will be based on functional
evaluation and possibility/progression/recurrence of the treated
pathology". She submits that the vigorous duties that are required to
be performed by Airmen requires complete fitness particularly in
respect of the knees and in view of the petitioner's medical report in
the first round followed by the report of the Appeal Medical Board,
which stands ratified in view of the petitioner's own document, i.e.
the report of the Orthopaedic Doctor at AIIMS Hospital, Delhi, (filed
as Annexure P-6), it is clearly established that the petitioner is
suffering from 'Crepitus Both Knees'.
6. Learned counsel for the respondent has handed over the
original records pertaining to the Medical examination conducted in
respect of the petitioner which have been perused and copies taken on
record. In view of the said documents, we are not inclined to accede
to the request made by learned counsel for the petitioner that the
petitioner be referred to the R&R Hospital, New Delhi for a re-
examination. The Appeal Medical Board comprised of a specialist in
orthopaedics who has duly confirmed that the petitioner is suffering
from 'Crepitus Both Knees'. A similar view has been expressed by the
Specialist at the AIIMS Hospital, New Delhi.
7. Accordingly, the prayer made in the present petition is declined
and the petition is dismissed. There shall be no order as to costs.
HIMA KOHLI, J
P.S. TEJI , J
JANUARY 12, 2018
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