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These writ petitions pertain to selection process of students in Sainik Schools. The respective petitioners in these writ petitions have applied for admission to Class-VI in the Sainik Schools. But according to them, they were denied admission despite being meritorious, purely on medical grounds i.e., for the reason that they were overweight and some of them in addition to being overweight, have phimosis. The appeals against the decision of the medical board namely, the Military Hospital, Chennai, declaring the petitioners as medically unfit for selection was also rejected by the Dean of Coimbatore Medical College Hospital, Coimbatore on 08.06.2022.

https://www.mhc.tn.gov.in/judis W.P.No.12512 of 2022 etc. (batch)

7. The respective petitioners have been declared medically unfit due to overweight and in some cases, in addition to being overweight, due to phimosis. The respective petitioners have challenged the impugned provisional first merit list published by the first respondent on 11.04.2022 excluding their names on the following grounds:

11. Per contra, learned Standing Counsel appearing for the respondents has filed before this Court, the report of the Military Hospital, https://www.mhc.tn.gov.in/judis W.P.No.12512 of 2022 etc. (batch) Chennai declaring the respective petitioners as unfit on account of being overweight and in some cases, in addition to being overweight, having phimosis. The Body Mass Index (BMI) chart 2015 and other parameters taken into consideration for declaring the respective petitioners as medically unfit has also been placed on record before this Court. According to him, as seen from the reports, the respective petitioners are overweight ranging between 3 kgs to 11 kgs and in case of minor Rahul Palanisamy, the petitioner in W.P.No.10122 of 2022, he has been declared medically unfit as he is having phimosis, in addition to overweight. The Military Hospital, Chennai has also submitted its report which is the appeal preferred by the respective petitioners and has also confirmed that all the petitioners are overweight and in one case, namely minor Rahul Palanisamy, he is overweight and also having phimosis.

14. In the case on hand, the Military Hospital at Chennai as well as the dean of Coimbatore Medical College Hospital in their respective reports have confirmed that the respective petitioners are overweight. In fact, in the report of the Military Hospital, Chennai, the respective petitioners are overweight in the range between 3 kgs to 11 kgs. The Military Hospital, Chennai has given full particulars of the medical examination of the respective petitioners with regard to their weight. The Body Mass Index (BMI) of the respective petitioners have also been disclosed in the said report. Insofar as the petitioner in W.P.No.10122 of 2022 namely Minor Rahul Palanisamy is concerned, he has been declared as medically unfit by Military Hospital, Chennai not only on the ground of overweight but also on the ground that he is having Phimosis. The Coimbatore Medical College Hospital has also confirmed that the petitioners are overweight including the Minor Rahul Palanisamy, apart from that he is having Phimosis.