Research › Search › Judgment

Allahabad High Court · body

2016 DIGILAW 330 (ALL)

Raja Singh v. Union of India

2016-01-25

D.Y.CHANDRACHUD, YASHWANT VARMA

body2016
JUDGMENT Yashwant Varma,J. The writ petition filed by the appellant has been dismissed by the learned Single Judge. The appellant moved the writ proceedings in order to challenge the rejection of his candidature for the post of Airman on the ground of medical unfitness. The learned Single Judge noted that though the appellant had been issued a green card, this was issued by mistake and, as a matter of fact, the appellant had been declared unfit on the ground of an abnormality in the ECG (R). Hence, the writ petition was dismissed on the ground that inadvertently, a green or fitness card was issued in place of a red or unfitness card. 2. During the course of the hearing of the special appeal, we had deemed it appropriate and proper to summon the original medical record in order to satisfy the conscience of the Court in regard to the actual finding of the appellate or review medical board. Accordingly, the learned Assistant Solicitor General of India has produced the record before the Court. The record of the appellate or review medical board indicates that the appellant was found to be unfit on the ground of an abnormality in the ECG (R) and due to tachycardia. 3. The contention of the appellant is that he has got himself examined from the Department of Cardio Vascular and Thoracic Surgery at the Hridaya Rog Sansthan, Kanpur which indicates that his parameters are normal. 4. We are not inclined to accept the report of the medical examination which has been relied upon by the appellant in preference to the medical report submitted by the medical board duly constituted by the air force authorities. Initially, upon examination, the appellant was found to be medically unfit and had the benefit of a review or appellate medical board which also affirmed the finding. It would be unsafe for the Court to rely upon a medical report obtained by a candidate in such a case since there would be an issue of the identity of the actual person who presented himself for examination. There is a serious danger in this course of action being adopted. Where the air force authorities have prescribed a specified procedure and had furnished an opportunity to the appellant before the appellate or review medical board, recourse should be taken to that procedure and that procedure alone. There is a serious danger in this course of action being adopted. Where the air force authorities have prescribed a specified procedure and had furnished an opportunity to the appellant before the appellate or review medical board, recourse should be taken to that procedure and that procedure alone. Nothing has been indicated to point out that the finding of the medical board suffers from perversity or mala fides. Hence, the conclusion of the learned Single Judge does not call for interference in the special appeal. The special appeal is, accordingly, dismissed. The original file is directed to be returned to the Assistant Solicitor General of India. There shall be no order as to costs.