PANKAJ CHOUDHARY Vs. UOI

JUDGEMENT

(1.) THE petitioner was appointed as Gentleman Cadet in the Indian Army on 14th April, 2008 by 20 SSB, Bhopal through the UPSC's Combined Defence Service Entry. It is undisputed that at the time of his appointment, the petitioner was declared medically fit by the Research & Referral Hospital of the Army at New Delhi where he had undergone the medical examination.

(2.) THE petitioner was then sent to the Indian Military Academy (IMA) at Dehradun for undergoing the training course for a duration of eighteen months. THE petitioner successfully completed the first and second term of the training course. While undergoing the third term training between July, 2009 to December, 2009, in the month of September, 2009, the petitioner suffered injury on his left shoulder while horse riding as part of the training. THE petitioner was treated at the Section Hospital of the IMA, Dehradun and was advised physiotherapy and rest. As a consequence of his inability to perform the requisite test as well as exercises relating to the training because of his injury, at the end of the third term, in December, 2009, the petitioner was relegated to the third term of the course and called upon to repeat the same. THE petitioner has complained that for want of sufficient time for full recovery of the injury, he could not successfully complete the third term and was again required to repeat the same from July, 2010.

(3.) IT is an admitted position that while awaiting approval of the withdrawal, the petitioner was consequently sent home immediately.