Delhi High Court - Orders
Medical Cadet Soubhik Chakraborty vs Union Of India & Ors on 2 September, 2024
Author: Rekha Palli
Bench: Rekha Palli
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6081/2021, CM APPL. 19256/2021 -Stay, CM APPL.
19257/2021 -D/O, CM APPL. 8614/2022 -Dir. (P)
MEDICAL CADET SOUBHIK CHAKRABORTY
.....Petitioner
Through: Dr. S. K. Khattri, Adv.
versus
UNION OF INDIA & ORS.
.....Respondents
Through: Mr. Bhagwan Swarup Shukla, CGSC
with Mr. Sarvan Kumar, Adv.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
HON'BLE MS. JUSTICE SHALINDER KAUR
ORDER
% 02.09.2024
1. The present petition has been preferred under Article 226 of the Constitution of India by a medical cadet, who, while undergoing MBBS course in the Armed Forces Medical College [AFMC], Pune had, on 29.10.2018, suffered an injury during training in an NCC camp organized by the AFMC. The said injury was opined to be attributable to service by the respondents Medical Board and consequently the petitioner was declared as a Non-Service Liability [NSL]. The respondents are, however, demanding a sum of Rs. 28,166/- per week for the entire duration of his course towards training cost from him, which amount comes out to be about Rs. 13 lacs per year.
2. Learned counsel for the petitioner submits that once the respondents‟ Medical Board had itself opined that the petitioner‟s injury was attributable This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2024 at 23:49:15 to service, the respondents could not claim any training cost from him only because they have decided not to commission him in the Forces. He contends that taking into account that the injury sustained by the petitioner was during a training camp organized by the AFMC, the respondents ought to pay him compensation.
3. Learned counsel for the respondents prays for time to obtain instructions.
4. Even though, we are granting time to learned counsel for the respondents to obtain instructions, we are of the prima facie view that once the respondents themselves have opined that the injury suffered by the petitioner was attributable to service, he cannot be penalised for not being able to join the Armed Forces. Once it is the respondents themselves who have, based on the injury suffered by him during training, decided that the petitioner cannot be commissioned, they cannot recover the cost of training from him on the ground that he is not joining the Forces. We are, therefore, of the view that the matter should be reconsidered by the respondents in the light of our aforesaid observation and request the Director General, Armed Forces Medical Services to personally examine this issue.
5. At request, list on 14.10.2024.
6. A copy of this order be forwarded to the Director General, Armed Forces Medical Services for information.
REKHA PALLI, J SHALINDER KAUR, J SEPTEMBER 2, 2024/ss This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2024 at 23:49:15