ROHIT SOLANKI Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 23.12.2016, passed by the Director MS (PS) for the DGMS (Army) informing his father that the petitioner's candidature for the post of a Technical Graduate in the Indian Military Academy had been turned down on the ground that there was evidence of "Pulmonary Koch's" in his left lung. The observations made in para 3 of the letter dated 23.12.2016, are reproduced herein below:-

(2.) Learned counsel for the petitioner states that in February, 2016, the petitioner had applied to the Service Selection Board for considering his candidature in the Indian Army. He was declared medically unfit in May, 2015. After being declared medical unfit, the petitioner had on his own undergone an examination at the Vallabhbhai Patel Chest Institute, Delhi University, Delhi. A copy of the report of the Institute is enclosed at page no. 21 of the writ petition.

(3.) Armed with the said report, the petitioner had approached the respondents with a request for convening a Review Medical Board. The said request was acceded to and the Review Medical Board had examined the petitioner and again found him unfit in terms of the letter dated 212.2016. Thereafter, the petitioner underwent a CT Scan of his chest at Focus Imaging & Research Centre Pvt. Ltd., New Delhi that gave an opinion as follows:-