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Ankush vs Union Of India And Ors on 1 February, 2019

Author: S. Muralidhar

Bench: S.Muralidhar, Sanjeev Narula

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+                          W.P.(C) 11547/2018
ANKUSH                                                      ..... Petitioner
                         Through:      Mr. Ankur Chhibber, Advocate with
                                       Mr. Bhanu Gupta and Mr. Rajiv
                                       Mishra, Advocates.
                         versus

UNION OF INDIA AND ORS.                                  ..... Respondents
                  Through:             Mr. Kirtiman Singh, CGSC with
                                       Mr. Waize Ali, Advocate.

       CORAM:
       JUSTICE S.MURALIDHAR
       JUSTICE SANJEEV NARULA

                                  ORDER

% 01.02.2019

1. The challenge in this petition is to orders dated 23rd July 2018 and 26th September 2018 passed by the Respondents whereby the Petitioner was declared unfit by the Appeal Medical Board (AMB) for the post of Airmen in Group X (Technical) or Group Y (Non-Technical) or both Groups 'X' and 'Y'.

2. The admitted facts are that the Petitioner was medically examined on the first instance on 23rd July 2018 and was found medically unfit on account of

(i) Knock Knees, (ii) DNS (RT), (iii) CVS Review Bradycardia, and (iv) Kelloid Over Chest.

3. Thereafter, on 26th October 2018, the Petitioner was examined by the Appeal Medical Board (AMB). In the certificate issued by AMB, three of the above unfitness categories were eliminated. The AMB noted that the Petitioner still was unfit on account of presence of 'Kelloid over Chest'.

4. Along with the rejoinder of the Petitioner, a copy of medical examination report dated 9th January 2019, issued by one Dr. P.K. Sharma, Principal Consultant in the Department of Dermatology, Dr. Ram Manohar Lohia Hospital (RML Hospital), New Delhi is enclosed as Annexure R1. It states that "there is no evidence of kelloid".

5. The Petitioner has himself annexed as Annexure P4 to the petition, another certificate issued earlier on 13th October 2018 by one Prof. R.K. Gautam, a Consultant in Dermatology in the RML Hospital which notes 'keloid' but opines that it is non-communicable and non-infectious in nature. The certificate further states "person is fit to do any work/job".

6. The Court therefore has two opposite opinions delivered by two different Dermatologists in the same department of Dermatology in the RML Hospital, stating two entirely different things. In the circumstances, the Court is persuaded by the prayer made by the Petitioner that he should be examined by an independent Dermatologist (Specialist) at the Army R&R Referral Centre.

7. The Court understands that the standards applicable to Armed Forces may not be similar to the recruitment in the civilian side of the Government W.P.(C) 11547/2018 Page 2 of 3 generally. It is seen that in terms of the relevant Manual of Medical Examinations and Medical Boards issued by the Headquarters 'any keloid found in a candidate will declare him 'unfit'', the Court considers it appropriate to direct that the Petitioner be examined by the Army R&R Centre in New Delhi within the next two weeks on a date and time that is convenient to the Specialist at that Centre. The exact date and time of the examination will be communicated to the Petitioner three days in advance.

8. The report of the R&R Centre be placed in the court within two weeks.

9. List on 28th February 2019 S. MURALIDHAR, J.

SANJEEV NARULA, J.

FEBRUARY 01, 2019/ss W.P.(C) 11547/2018 Page 3 of 3