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Kerala High Court

Kevin P Biju (Minor) Represented By His ... vs Secretary on 1 April, 2025

Author: D. K. Singh

Bench: D. K. Singh

                                                              2025:KER:29015
WP(C) NO. 10966 OF 2025

                                       1


              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE D. K. SINGH

     TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947

                         WP(C) NO. 10966 OF 2025


PETITIONER(S):

             KEVIN P BIJU (MINOR)
             REPRESENTED BY HIS FATHER AND LEGAL GUARDIAN P.D BIJU
             AGED 17 YEARS
             S/O P. D BIJU, PONMINISERRY HOUSE, WEST CHALAKUDDY,
             THRISSUR, KERALA, PIN - 680307.

             BY ADVS.
             SUMESH J. ANTONY
             BIJI MATHEW

RESPONDEN(S):
     1    SECRETARY
          UNION PUBLIC SERVICE COMMISION (UPSC), SAHJAHAN ROAD,
          DHOLPUR HOUSE, NEW DELHI, PIN - 110016.

     2       DIRECTOR GENERAL ARMED FORCES MEDICAL SERVICES
             DIRECTOR GENERAL ARMED FORCES MEDICAL SERVICES ,
             MINISTRY OF DEFENCE , DEFENCE OFFICES COMPLEX, ROOM NO
             402, A BLOCK , 4TH FLOOR, AFRICA AVENUE, NEW DELHI,
             PIN - 110023.

     3       DIRECTOR GENERAL RECRUITING
             AG'S BRANCH , IHQ OF MOD , WEST BLOCK III, R K
             PURAM,NEW DELHI, PIN - 110066.

     4       DIRECTOR MANPOWER PLANNING AND RECRUITMENT
             INTEGRATED HEADQUARTER OF MINISTRY OF DEFENCE (NAVY),
             ROOM NO 204, 'C' WING,(R& R SEC), SENA BHAWAN, NEW
             DELHI, PIN - 110011.

             SRI.DAYA SINDHU SREEHARI - CGC


         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   01.04.2025,   THE    COURT   ON       THE   SAME   DAY    DELIVERED   THE
FOLLOWING:
                                                              2025:KER:29015
WP(C) NO. 10966 OF 2025

                                         2



                             D. K. SINGH, J
                ----------------------------------------------
                      WP(C) No. 10966 of 2025
                ----------------------------------------------
                Dated this the 01st day of April, 2025

                            JUDGMENT

The present writ petition has been filed by the petitioner, who was selected as a candidate for the 154 th course of the National Defence Academy (NDA). The petitioner was found medically unfit and the Appellate Medical Board also rejected his appeal vide Ext.P10 proceedings. Again, the said decision of the Appellate Medical Board in Ext.P10, the petitioner has filed an application for conducting the Review Medical Board (RMB) at Armed Forces Medical College (ARMF), Pune.

2. This Court, vide the order dated 21.03.2025, directed Mr.Daya Sindhu Sreehari, learned Central Government Counsel to seek instructions on the decision taken on the request of the petitioner for constituting a Review Medical Board for re-examining him.

3. The petitioner has been now directed to appear before the Review Medical Board at Army Research 2025:KER:29015 WP(C) NO. 10966 OF 2025 3 and Referral Hospital, New Delhi on 07.04.2025. As the request for constituting the review medical board has been granted by the authorities, nothing survives in this writ petition and the same is hereby closed.

Sd/-

D. K. SINGH JUDGE mea 2025:KER:29015 WP(C) NO. 10966 OF 2025 4 APPENDIX OF WP(C) 10966/2025 PETITIONER EXHIBITS Exhibit P 1 TRUE COPY OF THE RELEVANT PAGES OF THE EXAMINATION NOTICE NO 10/2024-NDA-II DATED 15.05.2024 ISSUED BY THE UNION PUBLIC SERVICE COMMISSION.

Exhibit P 2 TRUE COPY OF THE ADMIT CARD ISSUED UNION PUBLIC SERVICE COMMISSION Exhibit P 3 TRUE COPY OF THE RELEVANT PAGE OF THE RESULT OF WRITTEN TEST DECLARED CONTAINING THE CANDIDATES NAME AND ROLL NO.

Exhibit P 4 TRUE COPY OF THE CALL UP LETTER ISSUED BY NAVAL SELECTION BOARD, VIZAGAPATAM DATED 23.11.2024 Exhibit P 5 TRUE COPY OF APPENDIX ‘C' CERTIFICATE BY THE PETITIONER FOR BEING DECLARED UNFIT BY SPECIAL MEDICAL BOARD (SMB) AND SEEKING APPEAL MEDICAL BOARD AT COMMAND HOSPITAL (AIR FORCE), BANGALORE Exhibit P 6 TRUE COPY OF MEDICAL CERTIFICATE ISSUED BY KIMSHEALTH DATED 01.02.25.

Exhibit P 7 TRUE COPY OF RELEVANT PAGES OF MANUAL ON MEDICAL EXAMINATION AND MEDICAL STANDARDS FOR VARIOUS ENTRIES INTO THE ARMY, TRAINING ACADEMIES AND MILITARY SCHOOLS, 2019 Exhibit P 8 TRUE COPY OF ANNEXURE ‘B' TO UNION PUBLIC SERVICE COMMISSION EXAMINATION NOTICE NO 10/2024-NDA-II DATED 15.05.2024 (MEDICAL STANDARDS AND PROCEDURE OF MEDICAL EXAMINATION FOR OFFICER ENTRIES INTO NAVY) Exhibit P 9 TRUE COPY OF THE NOTIFICATION PUBLISHED BY INDIAN NAVY IN THE THEIR WEBSITE WWW.JOININDIANNAVY.GOV.IN CONTAINING DETAILS RELATED TO 'PROCEDURE ON CONDUCT OF 2025:KER:29015 WP(C) NO. 10966 OF 2025 5 RECRUITMENT MEDICAL EXAMINATION -OFFICERS' Exhibit P 10 TRUE COPY OF ANNEXURE 1 TO APPX ‘C' FOR BEING DECLARED UNFIT BY APPEAL MEDICAL BOARD (AMB) AND SEEKING REVIEW MEDICAL BOARD AT AFMC (ARMED FORCES MEDICAL COLLEGE) PUNE.

Exhibit P 11 TRUE COPY OF REMINDER EMAIL TO DGAFMS FOR GRANT OF REVIEW MEDICAL BOARD DATED 28.02.25