JAICK SOJAN Vs. DIRECTOR, INDIAN ARMY

JUDGEMENT

(1.) This writ petition is filed with the following prayers:-

(2.) Heard the learned Senior counsel appearing for the petitioner and the learned CGC appearing for the respondent.

(3.) it is submitted by the learned counsel for the petitioner that the petitioner had appeared for a selection for joining the Technical Entry Scheme-43 course. The petitioner had been successful in the selection and was included in Exhibit P3 list as Sl.No.43. However, on the ground that he was found unfit in the physical examination, his candidature was rejected by Ext.P4. It is submitted that the petitioner had requested for conduct of a re-examination by the appeal medical board , pursuant to which two of the defects noted in Exhibit P4 were cleared. However, Exhibit P5 certificate was issued stating that the petitioner suffered from scoliosis and is unfit for the course. It is submitted that the petitioner had requested for the reconsideration by the review medical board which has been rejected by Ext.P7 on the ground that the petitioner "was not granted the provision of the review medical board by the competent authority as per the existing policy". The learned counsel for the petitioner submits that the rejection of the petitioner's candidature without conducting a review medical board has caused untold prejudice to the petitioner and seeks a re-consideration of his claim.