Calcutta High Court (Appellete Side)
(Tanmay Pramanik & Ors vs Union Of India & Ors.) on 22 January, 2019
Author: Arijit Banerjee
Bench: Arijit Banerjee
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37 22.1.2019
jb.
W.P. 22950(W) of 2018
(Tanmay Pramanik & Ors. vs. Union of India & Ors.)
Mr. Soumya Majumder
Ms. Reshmi Ghosh
.... For the Petitioners
Mr. Sahashrangshu Bhattacharya
Ms. Chandrayee Alam
.... For the Union of India
The petitioners aspire to join the Indian Army. They had
participated in the recruitment process for the year 2017-18. At
the medical test stage, they were not detected with any
disabilities. However, they did not succeed in the written
examination that followed and hence did not get jobs in the
Indian Army.
This year again the petitioners participated in the recruitment
process for 2018-19. At the medical test stage they were detected
with various kinds of disabilities which would disentitle them to
join the army.
2
Learned counsel for the petitioners submits that in fact the
petitioners do not suffer from the kind of disabilities that the
army doctors had indicated. Such kind of disabilities could not
have developed within one year. They are either congenital in
nature or they are from birth.
Learned counsel for the respondents submits that there are
three stages of medical test. At all three stages the petitioners were found to be suffering from disabilities. The highest stage of medical test is at the Command Hospital. The Army Rules do not provide for any review of the result of the medical test at the Command Hospital by a specialist.
I have heard learned counsel for the parties. I have gone through the affidavit in opposition filed on behalf of the respondents. There appear to be huge disparities between the finding of the army doctor at the first stage and the finding of the army doctor at the final stage in the Command Hospital. By way of example, in so far as the petitioner No. 1 is concerned, the army doctor at the first stage of medical test detected four kinds of disabilities however, as would appear from the affidavit of the respondents. On review by the specialists in the Command Hospital, the petitioner No. 1 was declared to be suffering from 3 only one of the four kinds of disabilities. Similar is the case for other petitioners. This gives rise to a reasonable doubt about the correctness of the medical tests. Although Mr. Majumder, learned counsel appearing for the petitioners prayed for referring the petitioners to a Government hospital for medical test, I do not think that would be proper. Aspirants for job in Indian Army should get themselves medically tested by the army doctors. To avoid all future disputes I pass the following order:
The petitioners shall be medically examined at the Command Hospital by a different specialist. This would be in the presence of a doctor from any Government hospital whose expenses will be borne by the petitioners. I am not casting any kind of aspersion on the ability or competence of the army doctors. I am passing this order only to obviate further disputes. Such medical test be held on 6th February, 2019 when the petitioners will report to Review Cell, Command hospital, Kolkata at 11 a.m. In the event the petitioners cannot arrange for the presence of a doctor from Government hospital, the medical examination will nonetheless go ahead.
Although the written examination is scheduled for 27th January, 2019, I am apprised by Mr. Bhattacharyya, learned 4 counsel for the respondents that the next written examination is scheduled to be held on 24th February, 2019. In the event the petitioners cross the hurdle of physical fitness in the medical test, they would be permitted to sit the written examination on 24th February, 2019. In the event the petitioners succeed in the medical test and the written examination, the respondent authorities shall take appropriate action so that the petitioners can be absorbed in service.
This order is passed in the peculiar facts and circumstances of the case and shall not be treated as precedent. W.P. 22950(W) of 2018 is disposed of.
(Arijit Banerjee, J.)