Delhi High Court
Ashish Kumar Verma vs Union Of India And Ors. on 20 March, 2018
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 974/2018 with CM Nos.4142-4143/2018
ASHISH KUMAR VERMA ..... Petitioner
Through: Mr.Surya Nath Pandey, Adv.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr.Sanjeev Narula, CGSC for
UOI with Ms.Anumita
Chandra, Advocate with
Lt.Col.(Dr.) Ashok Kumar,
Cl. Spl. (Ophthal) & VR
Surgean
Mr.Naresh Kaushik, Mr.Devik
Singh & Mr.Akash Mohapatra,
Advocates for R-2 & R-3/UPSC
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MS. JUSTICE PRATIBHA RANI
ORDER
% 20.03.2018
1. The petitioner is aggrieved by his non selection in the National
Defence Academy and Naval Academy Examination (1) -2017 for
NDA-139 Course and has prayed for issuance of a writ/directions to
the respondents to constitute a Review Medial Board to re-examine
him.
2. The brief facts of the case are that in January, 2017, the
respondent No.2/UPSC had published an Examination Notice for
conducting examinations for admission to the Army, Navy and Air
Force Wings of National Defence Academy for 139th Course and
Naval Academy for 101st Indian Naval Academy Course (INAC),
commencing from 2nd January, 2018 through National Defence
Academy and Naval Academy Examination (1) -2017.
3. The petitioner had applied for participating in the aforesaid
examination by filing an online application. On 23.04.2017, he had
appeared in the written examination and qualified for the same. On
28.08.2017, the petitioner was called for an interview by the Service
Selection Board (SSB) at Varanasi, which he had also cleared. From
18.09.2017 to 22.09.2017, the petitioner was directed to undergo a
medical examination at the Military Hospital, Allahabad. During the
said examination, the Medical Board had declared him unfit on two
counts namely (i) Cornea Pannus (BE) and (ii) (RT) Renal Calculus.
4. Immediately thereafter, on 22.09.2017, the petitioner had
applied for an Appeal Medical Board. He was directed to appear
before the said Board on 28.10.2017, at the Base Hospital, Delhi
Cantt.. On 02.11.2017, he was declared unfit on account of "Cornea
Pannus (BE) in both the eyes". Thereafter, the petitioner filed an
application for a Review Medical Board, which was not responded to
by the respondents.
5. Learned counsel for the petitioner states that when his client had
got himself checked at the Safdurjung Hospital as an OPD patient, he
was declared fit with a report that he did not suffer from any
Cornea Pannus (BE) and the vision of both his eyes is 6/6, whereas the
respondents have disqualified him in the Appeal Medical Board.
6. On the last date of hearing, we have requested learned counsel
for the respondents to obtain instructions with regard to the vacancy
position in the NDA and the Naval Academy in terms of the
advertisement for the subject examination conducted in the year 2017
and produce the relevant medical records of the petitioner‟s ailment.
The original records have been produced by the learned counsel for
the respondents and perused by us.
7. Learned counsel for the respondents states that once a candidate
is declared unfit in Appeal Medical Board, if he/she applies for the
Review Medical Board, it is not mandatory that a Review Medical
Board be constituted for the candidate and any such decision is taken
at the discretion of the Ministry of Defence, based on the merits of
each case. Photocopies of the medical reports are handed over by the
learned counsel for the respondents and the same are taken on record.
8. Having perused the said record, it transpires that initially the
Medical Board at Allahabad had declared the petitioner unfit on
account of "(RT) Renal Calculus" as also "Cornea Pannus (BE)".
The said report has been signed by Lt. Col. Dr.Ekta Bagarus, who is
an Eye Specialist.
9. Thereafter, the Appeal Medical Board at the Base Hospital,
Delhi Cantt. had considered the report dated 01.11.2017 prepared by
Lt.Col.Dr.Irshad Khan (Spl. Surgery & Urologist) declaring the
petitioner „fit‟ for "Renal Calculus" and the report dated 28.10.2017
prepared by Col.V.K.Barnwal (Senior Eye Specialist) declaring the
petitioner „unfit in the eyes due to Corneal Pannus both eyes‟, and
thereafter, the petitioner was declared unfit as under:-
"UNFIT FOR CORNEAL PANNUS (BE)"
The aforesaid findings were endorsed by Col.Alpana Jain, President,
Medical Board and two other doctors, who were members of the
Appeal Medical Board.
10. In view of the aforesaid reports, we do not see any justification
in acceding to the petitioner‟s request for a Review Medical Board by
referring him to some independent hospital for a re-examination. The
prayer made in the present petition is declined.
11. The petition is dismissed, along with the pending applications.
HIMA KOHLI, J.
PRATIBHA RANI, J.
MARCH 20, 2018
„hkaur/pg‟
