UMESH CHAKRAVARTI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, being aspirant for the post of Airman in technical trade of Indian Air Force applied for the said post pursuant to the advertisement issued by the respondent and appeared in the written test. After the written examination, he was required to undergo medical test at Army Selection Centre, Bihta(Patna). Thereafter he was instructed to appear before Army Hospital Allahabad for further test as he was declared temporarily unfit. However he was served with medical unfitness certificate dated 12.5.1997 and therefore he was not selected for appointment. The case of the petitioner is that he got himself checked up by two known and famous Doctors and both the Doctors declared the petitioner medically fit and on that basis he submitted an appeal to the Central Airmen Selection Board, new Delhi on 20.5.1997. He was reexamined on 12.8.1997 on the basis of his appeal but was again declared medically unfit and therefore refused appointment. In these circumstances, petitioner has filed the present writ petition and it is his submission that he got himself examined even at AIIMS and Safdarjung Hospital on 29.8.1997 and 9.9.1997 and was found medically fit and therefore respondent could not have refused him appointment to the post of Airman. In the counter affidavit filed by the respondents, it is inter alia, stated as under:

(2.) It is further explained that as per the provisions laid down in regulations of Medical Services of Armed Forces, the candidates are to be medically examined by Military Doctors only. The opinion rendered by non-military doctors is not admissible. Therefore, in the present case the medical reports of Dr. S.K. Jain and Dr. R.K. Pande are of no consequence. It is also explained that on 12.8.1997 the petitioner was referred to ENT Specialist at Base Hospital Delhi Cantt. His x-ray was taken on 13.8.1997. He was examined by ENT Specialist and was declared unfit on 19.8.1997. Thereafter the medical case sheet Wets received back at CASB by post on 26.8.1997 after having gone through various stages in Hospital. On receipt of opinion of ENT Specialist, the unfitness certificate dated 26.8.1997 was issued to the petitioner. No prejudice has been shown in the case of the petitioner. A thorough and detailed medical examination was conducted by the ENT Specialist before declaring his medical status. The same situation had arisen in another case being CW No. 197/96 and order dated 17.11.1998 was passed dismissing the writ petition which reads as lender:

(3.) I have considered the submission of the learned counsel for the petitioner. A perusal of the Medical Unfitness Certificate dated 4.9.1995 Annexure 'A' to the petition shows that the petitioner was found to be medically unfit by the second respondent. According to the second respondent the petitioner is suffering from 'Genu Recurvatum' and failed to achieve the laid down medical standards. The second respondent is Medical Advisor to the Central Airmen Selection Board. His expertise and experience has not been questioned in the writ petition. Therefore, the same cannot be allowed to be questioned by way of oral submission by learned counsel for the petitioner. In any event the opinion of second respondent cannot be substituted by the opinion of a Doctor of All India Institute of Medical Sciences, New Delhi.