Delhi High Court - Orders
Nishant Sharma vs Union Of India & Ors on 2 September, 2021
Author: Manmohan
Bench: Manmohan, Navin Chawla
$~91
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5293/2021 & CM Nos.16295/2021, 28801/2021
NISHANT SHARMA ..... Petitioner
Through Mr.J.P. Sharma, Adv.
versus
UNION OF INDIA & ORS. ..... Respondents
Through Mr.Vikarant N. Goyal, and
Mr.Jaswant Rai Aggarwal, Advs.
alongwith GP Capt Arijit Mukherjee,
GP Capt Sangappa Rao (Sr.A.
Medicine), Sqn Ldr Dharmendra, Sgt
D.Srivastava.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 02.09.2021
1. This petition has been filed by the petitioner praying for a writ of Mandamus directing the respondents to re-examine and re-conduct Medical test of the petitioner and declare him as medically fit for appointment as an Airmen in 'X' Trade (except Education Instructor Trade) an d Group 'Y' Trade.
2. On the successful completion of Phase-I and Phase-II for the selection process, the petitioner was medically examined at SMC, 36 Wing Air Force, Darjipuram, Vadodara (Gujrat) and was declared medically unfit on account of the following:
i) CVS Review ECG Abnormality
ii) CVS Review Hypertension
3. The petitioner was thereafter examined before t he Appeal Medical Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:04.09.2021 23:04:02 Board, however, was again declared unfit on the above grounds.
4. The petitioner claims that he has later got himself examined at Jaswant Rai Speciality Hospital, Meerut, which is an em panelled h ospital for the ECHS, and also at ECHS Polyclinic, Muzaffar Nagar (UP), an d in both examinations his blood pressure was found to be normal and no abnormality was found in the ECG. The petitioner prays for his medical re- examination.
5. We have perused the original file of the pet itioner produced by t h e respondents. It clearly indicates that at the initial stage of exam ination, t he blood pressure of the petitioner was recorded as 170/86 m m of Hg. At t h e stage of the Appeal Medical Board, the same was recorded as 144/88 an d 142/92 mm of Hg.
6. This Court in its judgment dated 21.12.2020 in K.M. Priyanka v. Union of India & Ors, WP(C) 10783/2020, has held that once no malafide is attributed and the doctors of the Forces, who are well aware of the demands of duties of the Forces in the terrains in which the recruited personnel are required to work, have formed on opinion that a can didate is not medically fit for recruitment, opinion of privat e or ot her government doctors to the contrary cannot be accepted.
7. In Joginder v. Union of India & Ors. WP(C) 522/2021, t his Court has held that training and military operations are ext remely dem anding in terms of the medical fitness of a candidate and a private doctor or a doct or working in a Government hospital may not be in a position t o comment on the required medical standards for the Force.
8. In the present case also, there is no allegation of any mala fide attributed against the respondents. The petitioner h as been exam ined for Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:04.09.2021 23:04:02 hypertension even by the Appeal Medical Board and found to be u n fit. We see no reason to interfere with such finding.
9. In view of the above, we find no merit in t he present pet ition. Th e same is dismissed.
10. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.
MANMOHAN, J NAVIN CHAWLA, J SEPTEMBER 2, 2021/Arya Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:04.09.2021 23:04:02