ADITYA TAMBE Vs. UNION OF INDIA

JUDGEMENT

(1.) Present writ petition has been filed seeking a direction to the respondents to declare the petitioner as medically fit and, thus, consider the petitioner for admission in the Air Force Academy by conducting a fresh medical examination of the Petitioner qua his earlier condition of Gynecomastia and thereafter declare his overall results and to consider his case de novo on merits.

(2.) Learned counsel for the petitioner states that Gynecomastia cannot be a ground for declaring a candidate as unfit.

(3.) He further states that in the medical examination conducted between 8th March, 2021 and 12th March, 2021, the petitioner was declared unfit on the ground that he was suffering from Gynecomastia and hypertension. He also states that vide order dtd. 2nd August, 2021 passed by the Appeal Medical Board, the petitioner was declared medically unfit by the respondents on the ground that he was suffering from bilateral Gynecomastia without considering the fact that the Petitioner had undergone a minimal invasive surgery for the same on 6th April, 2021 and was no longer suffering from Gynecomastia.