AKASH SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner Shri Akash Sharma, under Article 226/227 of the Constitution of India for directions to the respondents No.1/Union of India and the Indian Air Force through respondents No. 2, 3 and 4 to get the petitioner medically examined by a Board of Specialists/Experts and direct the reservation of vacancy till an independent and unbiased view which was taken by the Medical Board to be constituted, to declare him fit.

(2.) The petitioner had, in response to the advertisement dated 6th December 2018 of the Indian Air Force inviting online applications to join as Airman in Group 'X' (Technical) and Group 'Y' (NonTechnical) grades, applied for selection to the Grade 'Y' post as per eligibility in the last week of December 2018. He successfully cleared the online test/exam and in the Phase II test, cleared the Physical Efficiency Test (PET), Adaptability Test I and Adaptability Test II on 1st December 2019 at 1 Airman Selection Centre, Air Force Station, Ambala. Subsequently, he was called for medical examination at 7 Air Force Wing, Ambala where he was declared medically unfit due to 'sub-standard vision' on 11th January 2020. As provided under the Rules, the petitioner applied for Appeal Medical Board which was held on 18th February 2020. However, he was again declared medically unfit due to 'substandard vision'.

(3.) We may note that vide our order dated 6th November 2020, we had directed the respondents to forward to us electronically the proceedings of the Medical Board as well as the Appeal Medical Board and also directed that a Medical Officer be present during the hearing. We also required that the relevant paragraphs of the Medical Manual applicable for medical examination be also made available to us.