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SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks setting aside of medical report dated 24.04.2023 whereby petitioner has been declared medically unfit on the ground of "Inguinal Hernia Right". He also impugns the Appeal Medical Board Report dated 01.06.2023 whereby he has been declared unfit on the ground "Inguinal Hernia (less than 8 weeks after laproscopic surgery)".

2. Petitioner also impugns the decision of the respondent in denying an opportunity of Review Medical Board.

Neutral Citation Number 2023:DHC:5394-DB

3. Petitioner had applied for the post of Assistant Commandant (GD) in the Indian Coast Guard pursuant to the advertisement issued by the respondent. Petitioner cleared all rounds of examination. However, when it came to the Medical Stage-III Examination, petitioner was declared unfit on the ground of "Inguinal Hernia Right". As per petitioner, he was advised to undergo treatment and to come for Appeal Medical Board within six weeks. Learned counsel for petitioner submits that petitioner has undergone the treatment and when he reported back to the Appeal Medical Board within a period of six weeks, he was informed that period of eight weeks had not elapsed after the laproscopic surgery. Learned counsel contends that respondent should not have conducted the Appeal Medical Board within a period of eight weeks in case eight weeks was the mandatory period after laproscopic surgery.

13. In the instant case, petitioner has been detected with "inguinal hernia right" at the time of his medical examination which is a disqualification for recruitment.

14. Learned counsel for petitioner has relied on the instance of one Mr. Jilla Ritwik to contend that he was given an opportunity for review medical but petitioner has been denied the opportunity for review medical and as such has been discriminated.

15. We are unable to accept the contention of learned counsel for petitioner for the reason that Mr. Jilla Ritwik was alleged to have a different ailment i.e. Gall Bladder Polyp, which is not the same ailment as that of petitioner i.e. inguinal hernia. Even otherwise, it is for the medical experts to determine as to individual suffering from which ailment can be considered and which cannot be. This Court Neutral Citation Number 2023:DHC:5394-DB will not substitute its opinion or view for the medical standard prescribed for recruitment. Furthermore, it is also not apparent as to whether Mr. Jilla Ritwik was declared medically fit or not after the Review Medical Board.