MILASH ARROL NORONHA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed by the petitioner praying for a direction to the respondents to re-conduct the petitioner's medical examination and to issue a joining letter to the petitioner enabling him to report to the Officer Training Academy, Chennai for Short Service Commission (JAG) (MEN) 27th Course.

(2.) It is the case of the petitioner that having graduated in LL.B, the petitioner applied, pursuant to the 'JAG ENTRY SCHEME 27 COURSE (OCT 2021): SHORT SERVICE COMMISSION (NT) COURSE FOR LAW GRADUATE (MEN AND WOMEN), for the post of 'Judge and Advocate General' (hereinafter referred as 'JAG'). After completing two stages of the selection process, the petitioner was recommended as the top candidate in his batch, for a medical examination. The Special Medical Board (in short, 'SMB') held at the Military Hospital, Allahabad, however, verbally communicated to the petitioner that he is medically unfit on the ground of 'Polycythaemia' and his haemoglobin levels are 17.1 g/dl, which is high.

(3.) The petitioner preferred an application seeking an Appeal Medical Board (in short, 'AMB'), which was thereafter held at the Command Hospital Air Force (CHAF), Bengaluru. At the AMB stage, two tests, that is, Complete Blood Count (in short, 'CBC') and Peripheral Blood Smear (in short, 'PBS') tests were conducted on the petitioner. The petitioner was informed that his haemoglobin levels were 17.1 g/dl and his PBS test reports are normal, however, was again declared medically unfit for Polycythaemia' as his haemoglobin levels were still high.