Gauhati High Court
Roll No.Shi/Ng/St/260715/39535 ... vs The Union Of India And 2 Ors on 13 December, 2022
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GAHC010110912016
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2667/2016
ROLL NO.SHI/NG/ST/260715/39535 HANIF SIKDAR
S/O OSMAN SIKDAR R/O HACHARA P.O. BAGODI DIST. BARPETA R,
ASSAM PIN - 781311.
VERSUS
THE UNION OF INDIA and 2 ORS
REP. BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI.
2:THE DIRECTOR RECRUITING
ARMY RECRUITING OFFICE
NARANGI
GUWAHATI
ASSAM.
3:THE COMMANDANT
151 BASE HOSPITAL
BASISTHA
GUWAHATI
KAMRUP M
ASSAM
Advocate for the Petitioner : MR. R MAZUMDAR
Advocate for the Respondent : MR.D K SAIKIA
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BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
JUDGMENT & ORDER (ORAL)
Date : 13-12-2022
Heard Mr. R Deka, learned counsel for the petitioner. Also head Ms. A Gayan, learned
CGC for the respondents.
2. The petitioner participated in an advertisement published in the website of the Indian
Army in the month of May, 2015, by which the applications were invited from male candidates
of Kamrup (M), Kamrup (R), Nalbari, Baksa, Darrang and Udalguri districts for filling up of
vacancies of Solider General Duty.
3. In the selection process, the petitioner underwent re-medical on 07.12.2015 but was
declared temporarily unfit by the Recruiting Medical Officer with the diagnosis ' Lt Corneal
Opacity'. The Recruiting Medical Officer referred the petitioner to 151 Base Hospital for review
by eye specialist on 07.12.2015 and the specialist had also declared the petitioner unfit with
the observation 'Central Corneal Opacities (Lt)'.
4. According to the respondents as the petitioner was declared medically unfit, he could
not be allowed to join Indian Army as per the policy on the subject inasmuch as the person
recruited ought to be medically acceptable to the authorities.
5. The grievance raised by the petitioner in this writ petition is that the petitioner was not
subjected to an Appeal Medical Board. In this respect we take note of the averments made in
the paragraph 9 of affidavit of the respondents wherein it is stated that the petitioner also
has an opportunity for being subjected to an Appeal Medical Board under the rules.
6. The respondents refused the petitioner to be subjected to an Appeal Medical Board by
taking a stand that as the petitioner was medically declared unfit by a specialist, therefore, he
cannot be subjected to an Appeal Medical Board any further.
7. In the circumstance, we required the respondents to produce the relevant guidelines
which may provide that once a specialist declares a person to be medically unfit, there is no
further scope of being subjected to an Appeal Medical Board.
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8. In response thereof, the respondents refer to the averments made in paragraph 11 of
the affidavit, which is extracted as below:
"11. That as per 'RECRUITMENT DIRECTIVE FOR RECRUITMENT OF JUNIOR
COMMISSIONED OFFICERS AND OTHER RANKS, 2014, a candidate has no right for
further review/remedical after review at Military Hospital (Copy attached as Appendix
'B'). Further as per MANUAL ON MEDICAL EXAMINATION AND MEDICAL STANDARDS
FOR VARIOUS ENTRIES INTO ARMY, TRG ACADEMIES AND MILITARY SCHOOLS', the
decision of appeal medical board examination will be final."
9. A reading of the afore-extracted paragraph 11 of the affidavit makes it discernable that
the decision of the Appeal Medical Board examination will be final meaning thereby that no
indication is available that if the specialist declares a person to be medically unfit in a Review
Medical Board, the person concerned would not be subjected to the Appeal Medical Board.
Reference is also made to Clause 248 of the Recruitment Directive for Recruitment of Junior
Commissioned Officers and Other Ranks, 2014, which inter-alia provides as extracted:
"248. After the review at the Appeal Medical Board, the candidate will have on right
for further review remedical. All candidates who are found unfit by team of MOs and
SRMO and endorsed unfit by specialist at designated hospitals will be debarred from
participation in future rallies."
10 A reading of the Clause 248 makes it discernable that after a review by the Appeal
Medical Board, the candidate will have no further right of any review/re-medical. The clause
further provides that all the candidates who are found medically unfit by a team of MOs and
SRMOs and endorsed unfit by specialist at designated hospitals would be debarred from
participation in future rallies.
11. The said clause also in nowhere indicates that once a specialist declares a person to be
medically unfit in a Review Medical Board, the further opportunity of being subjected to an
Appeal Medical Board is absent. In fact, Clause 248 provides that an opinion rendered by the
Appeal Medical Board would rather be final meaning thereby after the Review Medical Board,
a scope of an appeal before the Appeal Medical Board is also available.
12 In view of the above, as the petitioner has been refused to be examined by an Appeal
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Medical Board, we direct to the respondents to subject the petitioner to appear before the
Appeal Medical Board under the rules. We also take note that as in the meantime, six years
have gone by there would be a requirement to evaluate the present physical condition of the
petitioner. Accordingly, the petitioner be also subjected to such medical examination, as may
be required under the rules for a general examination, even if the Appeal Medical Board is in
favour of the petitioner as regards the infirmities notices as regards his eyes.
Writ petition stands disposed of in the above terms.
JUDGE
Comparing Assistant
