Delhi High Court
Ayush Pandey vs Union Of India & Ors. on 3 December, 2021
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 03.12.2021
+ W.P. (C) 13679/2021
AYUSH PANDEY ..... Petitioner
Through Mr. Pawan Prakash Pathak, Adv.
versus
UNION OF INDIA & ORS. ..... Respondents
Through Mr.Naginder Benipal, Sr. Panel
with Ms.Rupali Kapoor, Adv.
for UOI.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
NAVIN CHAWLA, J. (Oral)
1. The present petition has been filed by the petitioner praying for
a direction to the respondents to conduct Medical Re-Examination by
the Appeal Medical Board at the Air Force Hospital, Agra for
enrollment in the Indian Air Force.
2. It is the case of the petitioner that the petitioner applied for the
post of Airman (Non-Technical Post), Grade Y in the Indian Air
Force. The petitioner, upon clearing Phase-I of the recruitment
process, was directed to appear for the Phase II of the same and was
allotted Chest No. 147, Selection Centre, Bhopal.
Signature Not Verified
Signed By:SHALOO BATRA
Location:
Signing Date:06.12.2021
3. The petitioner, vide order dated 06.02.2021, was examined and
declared medically unfit on account of Flat Foot, Haemorrhoid Grade
III and Left Turbinate Hypertrophy. Aggrieved by the decision of the
Medical Examination, the petitioner applied for Appeal Medical
Board. At the stage of the Appeal Medical Board, vide order dated
09.07.2021, the petitioner was again declared medically unfit on the
ground of Haemorrhoid Grade III.
4. The learned counsel for the petitioner submits that between the
period of the Medical Examination and the Appeal Medical Board, the
petitioner had undergone laproscopic surgery for removal of
Haemorrhoid Grade III on 20.02.2021 at Vedanta Hospital, Kanpur.
The petitioner further placed on record prescriptions following his
surgery, confirming the same.
5. We have considered the submissions made and find no merit in
the same.
6. Upon perusal of the prescriptions and post-surgery consultations
of the petitioner by his doctors, it was observed that the Haemorrhoids
had merely shrunken and that the petitioner was not completely cured
of the ailment. Mere shrinking does not amount to medical fitness to
be considered eligible for the post of Airman (Non-Technical Post),
Grade Y in the Indian Air Force.
Signature Not Verified
Signed By:SHALOO BATRA
Location:
Signing Date:06.12.2021
7. Even otherwise, the Appeal Medical Board is merely to ensure
that no error is made by the original Medical Board in examining the
candidate. Once the Appeal Medical Board has confirmed the finding
of the original Medical Board, especially through a specialist, we find
no reason to doubt the same. In fact, the very fact that the petitioner
had to undergo a procedure for curing his ailment proves that the
opinion of the original Medical Board was correct and no Appeal
Medical Board was even called for to be conducted.
8. In view of the above, we find no merit in the present petition,
the same is dismissed.
NAVIN CHAWLA, J
MANMOHAN, J
DECEMBER 3, 2021/AB
Signature Not Verified
Signed By:SHALOO BATRA
Location:
Signing Date:06.12.2021
