ASHWANI Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner had applied for the post of Navik in March, 2017 in the Indian Coast Guard service. He was called for his written, physical and medical examinations and was placed on the merit-list as per the results declared on 27.04.2017. After being provisionally selected for the post of Navik, the petitioner was called upon to report for his medical examination and commencement of training on 09.08.2017 at INS Chilika. The petitioner reported at INS Chilika on the fixed date. However, he was declared unfit during the medical examination on the ground that he was suffering from, 'Acute Otitis Media (L)', a condition wherein the middle part of the ear has an inflammation, accompanied by some infection.

(2.) Aggrieved by the aforesaid findings, the petitioner had applied to the respondents for a review by the Review Medical Board, which was also conducted on the very same day and the findings returned by the Medical Board were reiterated. Aggrieved by the said decision, the petitioner has filed the present petition.

(3.) Mr. Chibber, learned counsel for the petitioner states that within ten days from the date of his examination, the petitioner had approached a government hospital, at Delhi, namely, Safdarjung Hospital on 19.08.2017, for his examination by a Senior ENT Specialist, who had observed that no active ENT intervention was required. The said diagnosis report has been filed with the petition as Annexure P- On the very same day, i.e., on 19.08.2017, the petitioner had also approached an ENT Specialist at another government hospital in Delhi i.e., Lal Bahadur Shastri Hospital, Khichripur, wherein the same observations were made again.