Tarun Singh vs Union Of India ...
2023 Latest Caselaw 8788 Raj

[2023:RJ-JD:36437-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 776/2023

Tarun Singh S/o Shri Prem Pal Singh, Aged About 24 Years, Resident Of VPO Kalinga, District Bhiwani, Harayana-127114.

----Appellant Versus

1. Union Of India, Through Secretary, Ministry Of Defence, Rajpath, E-Block, Central Secretariat, New Delhi-127114

2. Squadron Leader, President Medical Board, 15-Air Force Hospital, Dhauwa, Kishan Ghat, Jaisalmer-345001

3. President, Central Airmen Selection Board, Brar Square, Delhi Cantt, New Delhi, Through Its President.

                                                 ----Respondents


For Appellant(s)              :    Mr. Vishal Sharma
For Respondent(s)             :    Mr. Mukesh Rajpurohit, D.S.G.

HON'BLE THE CHIEF JUSTICE AUGUSTINE GEORGE MASIH HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Judgment

20/10/2023

(Oral)

1. Challenge in this appeal is to the order passed by learned

Single Judge dated 23.08.2023 vide which, the challenge to the

Medical Certificate dated 10.07.2019 and the certificate issued by

the Appellate Medical Board dated 06.08.2019/07.08.2019

declaring the appellant medically unfit for appointment to the post

of Airmen in Group 'Y' trades stands dismissed.

2. The reason for dismissal of the writ petition is that once the

Expert Committee as also the Medical Board have come to a

conclusion that the disease, with which the appellant had been

suffering i.e. Pilonidal Sinus, even if a surgery has been

undertaken for rectification thereof, would render such a candidate

medically unfit for appointment. The reason for declaring him so

unfit was that the period of the surgery was too short.

[2023:RJ-JD:36437-DB] (2 of 2) [SAW-776/2023]

3. Learned counsel for the appellant had initially argued the

matter and had sought adjournment to assist the Court. But

today, when the matter was taken up for hearing, learned counsel

for the respondents has brought to the notice of the Court a

Division Bench judgment of the Delhi High Court rendered in

Sonu Vs. Union of India & Ors. reported in AIR Online 2021

Del 919 to submit that the Delhi High Court in similar

circumstances, where same disease was the subject matter of

consideration for appointment to the post of Airman in the Air

Force rejected the writ petition, upholding the opinion of the

Medical Board followed by the Appellate Medical Board. The prayer

for re-examination was also rejected.

4. In the light of the above, we are of the considered view that

the judgment passed by the learned Single Judge, being in

accordance with law, does not call for any interference, especially

when the present appeal would be covered on all fours by the

Division Bench judgment of Delhi High Court in Sonu's case

(supra).

5. The appeal , therefore, stands dismissed.

6. Learned counsel for the appellant submits that he would

prefer a representation for reconsideration of the matter before

the respondents relating to the appellant's candidature.

7. We would not like to comment thereon as to what steps the

appellant chooses to take in this regard.

(VINIT KUMAR MATHUR),J (AUGUSTINE GEORGE MASIH),CJ

148-/Vivek/-

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