SHUBHAM MAHENDRAWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has sought directions to the respondents to withdraw/set aside the letter dated 5th January, 2011 intimating the petitioner that he has been found unfit in SMB at MH Allahabad, in the AMB at Base Hospital, Delhi Cantt and in RMB at the Army Hospital (R&R) for the TES Course SER No.24 and for directions to the respondents to conduct a fresh eye test of the petitioner by an independent eye Hospital/center for night visual capacity. The petitioner has also sought directions to the respondents to reconsider the candidature of the petitioner on the basis of the fresh eye test report from an independent eye hospital.

(2.) The relevant facts to comprehend the controversies are that the respondents had invited applications from the candidates for the TES- 24 course. On the basis of the eligible cut off percentage of marks obtained by the petitioner, he was allotted batch No.HTES-64994 Roll no. 3458, Chest No.28 by letter dated 2nd September, 2010 and was called to attend the SSB interview for joining the Military Academy. Pursuant to the intimation received by the petitioner he appeared in the interview at Allahabad on 26th October, 2010 and after the interview the petitioner was recommended for a medical checkup by a medical board to be held at SMB c/o. MH Allahabad. The medical board at SMB MH Allahabad on 4th November, 2000 examined the petitioner and declared him unfit on account of Multiple Lenticular Opacities (B.E).

(3.) The petitioner disclosed that he was given the option for two appeals. The first appeal was in AMB at Base Hospital, Delhi Cantt. On 30th November, 2010 the petitioner was again marked medically unfit on account of Multiple Lenticular Opacities (B.E) Dr. Colonel Sirohi by the Head of the Department of the Eye Department. The petitioner thereafter, opted for a 2nd appeal in the RMB at Army Hospital, Delhi Cantt. The petitioner in the second appeal was again examined on 24th December, 2010 and was declared medically unfit by Dr.Colonel Parihar (HOD) Eye Department.