Delhi High Court
Vivek Jhajhria vs Union Of India & Anr. on 1 December, 2021
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision:1st December, 2021
+ W.P.(C) 10047/2021
VIVEK JHAJHRIA ..... Petitioner
Through Ms. Tanya, Adv. for Mr.
AjitKakkar, Adv.
versus
UNION OF INDIA & ANR. ..... Respondents
Through Mr.Vikrant N. Goyal, Adv.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
NAVIN CHAWLA, J. (Oral)
CM 30997/2021(exemption)
Allowed, subject to all just exceptions.
W.P.(C) 10047/2021
1. The present petition has been filed by the petitioner praying for
a direction to the respondents to bring on record and set aside the
impugned Medical Unfitness Certificates dated 09.02.2021 and
05.03.2021. The petitioner further prays for a direction to the
respondents to conduct Re-Medical Examination at any place of
choice of the respondents for appointment of the petitioner in the
Indian Air Force.
2. It is the case of the petitioner that the petitioner applied for the
post of 'Airmen' in Group 'X' and 'Y' category as per the notification
issued by the Central Airmen Selection Board, Indian Air Force. The
Signature Not Verified
Signed By:SHALOO BATRA
Location:
Signing Date:08.12.2021
petitioner, upon clearing Phase-I and Phase-II of the recruitment
process, was directed to appear for the Phase III- Medical Test which
was conducted at 11 Wing Airforce Station, Tezpur on 09.02.2021.
The petitioner appeared for the Medical Examination and was
declared medically unfit on the ground of 'ECG Abnormality- Short
'PR' Level'.
3. The petitioner, aggrieved by the decision of the Medical
Examination, applied for an Appeal Medical Board. At the stage of the
Appeal Medical Board, the petitioner was again declared medically
unfit on the ground of 'ECG Abnormality' on 05.03.2021.
4. The learned counsel of the petitioner submits that at the stage of
the Appeal Medical Board, the Medical Examination of the petitioner
was not conducted. She submits that at the stage of the Appeal
Medical Board, the previous documents of the petitioner were
checked, upheld and reiterated and he was declared medically unfit on
the basis of the earlier documents issued by the Air Force Station,
Tezpur.
5. Today the learned counsel for the respondents as well as the
doctor on behalf of the respondents presented the medical file of the
petitioner to the Court. Upon perusal of the medical file as well as
consultation with the doctor, it was brought to light that a repeat ECG
test had been conducted at the stage of the Appeal Medical Board and
the petitioner was rightfully found unfit on the ground of ECG
Abnormality. In fact, upon perusal of the file, it was further revealed
that the petitioner had been referred to a specialist doctor at the stage
of the Appeal Medical Board.
Signature Not Verified
Signed By:SHALOO BATRA
Location:
Signing Date:08.12.2021
6. In view of the above, we find no merit in the present petition,
the same is dismissed.
NAVIN CHAWLA, J
MANMOHAN, J
DECEMBER 1, 2021/AB
Signature Not Verified
Signed By:SHALOO BATRA
Location:
Signing Date:08.12.2021
