SUBODH KUMAR Vs. UNION OF INDIA AND ANR

JUDGEMENT

(1.) The petitioner had applied to the respondent No.2/Director General of Recruitment, Indian Army, IHQ, Ministry of Defence, for recruitment to the post of Soldier Clerk on 13.9.2016. Upon successfully clearing the physical test on 16.11.2016, he was found medically unfit during his medical examination held on 17.11.2016, on three grounds namely, "Knock Knee, Flat Feet and Tongue Tie".

(2.) The petitioner then requested for a Review Medical Board, which prayer was acceded to. During his review medical conducted at the Military Hospital, Agra on 13.12.2016, the petitioner was cleared on two counts i.e., Flat Feet and Knock Knee. It is the version of the petitioner that for the third disability of "Tongue Tie", he was referred to the Chief Warden of the Military Hospital, Agra, who did not examine him and instead, asked the petitioner to report after two days i.e, on 15.12.2016, by making an endorsement to this effect on his medical review slip.

(3.) On 15.12.2016, when the petitioner reported at the Medical Hospital at Agra, he was informed that the third disability was to be examined by an 'ENT' Specialist and not by a 'Dentist'. Since the ENT Specialist was on leave on that date and was to join duty in January, 2017, the petitioner was called upon by the Chief Warden to report after 02.1.2017. It has been averred in the petition that no specific date for appearing before the ENT Specialist had been provided to the petitioner and he was only told to appear on 02.01.2017.