NISHANT KUMAR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) This petition has been filed seeking a mandamus to the respondents/Central Airmen Selection Board to conduct a fresh medical examination of the petitioner and to direct his appointment to the post of "Airman ('X' and 'Y' Group)", with all consequential benefits.

(2.) The brief facts of the case are that the petitioner had applied for recruitment to the post of Group 'X' and Group 'Y' Airmen, in response to the Advertisement (Annexure P-2) of the respondent Indian Air Force and had cleared the Phase-I exam as also the Phase-II exam and was required to take the medical tests before being appointed. The petitioner was examined by the Medical Board on 8th January, 2020 and was issued a 'Medical Unfitness Certificate' (Annexure P-5) as he was found with "Fistula in Ano". Aggrieved by these observations, the petitioner preferred an appeal and the Appeal Medical Board examined him at 14, Air Force Hospital, Hyderabad, on 8th January, 2020 (sic) and also declared him 'unfit', but allegedly refused to issue a medical certificate to him. However, subsequently, the petitioner learnt that the Appeal Medical Board had opined that he was suffering from "Pilonidal Sinus ".

(3.) The petitioner got himself diagnosed at Siwach Hospital, Rohtak where Dr.Vikash Siwach opined that the MRI showed no medical condition requiring surgical intervention. Further, the petitioner got himself examined at Bhagat Phool Singh Government Medical College, Sonipat, Haryana, who seconded this opinion that there was only a small dimple in the "gluteal cleft" and no medical condition requiring surgery. On the basis of these medical opinions, the petitioner claims that he had applied to the respondents on 26th February, 2020 (Annexure P-9) for the constitution of a fresh Medical Board to re-examine him, but till the filing of the petition, no such Medical Board was constituted. A response was, however, sent to the petitioner by the respondents to the effect that the Appeal Medical Board documents had not been received till 4th March, 2020 (Annexure P-10). The petitioner then dispatched yet another request for re-examination by another Medical Board on 12th May, 2020 .The petitioner is aggrieved that without acceding to his just request, in the provisional Select Lists for Group 'X' and Group 'Y' (Annexures P-12 and P-13), published on 31st May, 2020, he was shown as "unfit". In these circumstances, the petitioner was compelled to seek the help of the court as, according to him, he had been denied an opportunity to seek employment in the Indian Air Force.