VIKRAM SINGH YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition arises from a rejection of request for a Review Medical Board made by the petitioner, who was a candidate for the post of Lieutenant in the Indian Army at the Officer Training Academy, Chennai. Since the petition is of an urgent, nature, with the consent of the parties it is taken up for final hearing.

(2.) The petitioner was declared successful in the interview but in the Medical Board held on 15/02/2001, he was found to be permanently unfit on the ground of "Lenticular Opacity Both Eye (RE > LE)". Thereafter on 1/03/2001, the petitioner moved a Representation for Appeal Medical Board which on 3/03/2001 found the petitioner to be unfit on account of Lenticular Opacity of Right Eye only as compared to the deficiency in both eyes found by the Medical Board, held on 15/02/2001.The petitioner under Para 11 of Army Headquarter Policy dated 26/05/2000 has sought the holding of a Review Medical Board.The relevant Paras 11 & 12 of the said Policy read as follows:

(3.) In support of its plea that the petitioner deserved a Review Medical Board, the learned counsel for petitioner, Ms. Jyoti Singh, inter-alia relied upon a Certificate, issued by the Associate Professor of Ophthalmology, Dr. Rajendra Prasad Centre for Ophthalmic Sciences, AIIMS, New Delhi.The said Certificate opined that