Sunil Kumar Son Of Sh. Jeet Ram Resident ... vs Respondent(S)
2024 Latest Caselaw 237 j&K

Jammu & Kashmir High Court

Sunil Kumar Son Of Sh. Jeet Ram Resident ... vs Respondent(S) on 26 February, 2024

Author: Sanjeev Kumar

Bench: Sanjeev Kumar

                                                                    Sr. No. 34

       HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                       AT JAMMU



                                              SWP No. 1905/2016
                                                             ..... petitioner (s)
Sunil Kumar son of Sh. Jeet Ram resident of
Village Badheri Tehsil and District Samba
                              Through :- Mrs S. Kour Sr. Advocate with
                                          Ms. Manpreet Kour Advocate

                            V/s

                                                               .....Respondent(s)
1 Union of India through Defence Secretary,
Ministry of Defence, Government of India, New Delhi.
2/ Directorate of Manpower,
Planning & Recruitment IHQ-MOD (Navy),
Sena Bhawan, New Delhi.
3/ Recruiting Officer, Indian Navy, Planning & Recruitment IHQ-MOD
(Navy),
Sena Bhawan, New Delhi.
4/ Commanding Officer, INS Chilka, P.O. Chilka, District Khurda, Odisha.
5/ Recruiting Officer, INS Chilka, P.O. Chilka, District Khurda, Odisha.
6/ Medical Officer, INS Chilka, P.O. Chilka, District Khurda, Odisha.
7/ Classified Specialist, INS Chilka, P.O. Chilka, District Khurda, Odisha


                                  Through :- Mr. Vishal Sharma DSGI.

Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE


                                     ORDER

(26.02.2024)

1 Vide order dated 06.12.2023, final opportunity was granted to the

respondents to file objections subject to payment of Rs.5000/- as costs. Neither

the objections have been filed, nor the cost deposited. Thus, right to file

objections stands closed.

2 The short grievance projected by the petitioner in this petition is that

he, after having faced a proper selection process to be enrolled as Senior

Secondary Recruit (SSR), was provisionally selected subject to clearing the

requisite medical examination. He was examined by the Medical Board of the

respondents and was declared unfit due to 'Hyper Hydrosis and Tongue-Tie' as

is apparent from the communication of Lieutenant Commandant/Recruiting

Officer, INS dated 11.08.2016. The petitioner got himself medically examined

from the Consultant physician SDH, Bishnah and B-Grade ENT Specialist,

District Hospital, Samba. As per the medical certificates placed on record, the

petitioner was found to be physically and mentally fit. It was also certified by

the aforesaid Doctors that the finding of the Medical Board of the respondents

that the petitioner was suffering from 'Hyper Hydrosis and Tongue-Tie' was

seemingly an error of judgment. The petitioner sought Review Medical Board

which was refused. Hence, this petition.

3 This petition was entertained on 27.09.2016 when the notice

issued to the respondents was waived by the then ASGI. Almost eight years

have passed, the objections by the respondents have not been filed which

clearly indicates that the respondents have no substantial material to counter

the averments of the petitioner. Be that as it may, the fact remains that the

certificates issued by the Doctors i.e the Consultant

Physician SDH, Bishnah and Grade ENT Specialist, District Hospital, Samba

contradict the medical opinion expressed by the Medical Board of the

respondents and, therefore, a case for constitution of Review Medical Board is

made out.

4 This petition is, accordingly, disposed of by directing the

respondents to constitute a Review Medical Board in the light of the opinion

rendered by the civil Doctors i.e Consultant

Physician SDH, Bishnah and Grade ENT Specialist, District Hospital, Samba,

provided the same is already not constituted. The further course of action to be

taken by the respondent's shall depend upon the opinion of the Review

Medical Board. For the sake of repetition, it is provided that in case the Review

Medical Board has already been constituted and has conducted medical

reexamination on the petitioner, the result thereof shall be communicated to the

petitioner.

(SANJEEV KUMAR) JUDGE Jammu 26.02.2024 Sanjeev

whether order is reportable:Yes/No