R PARAMASIVAM Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ appeal has been filed against the impugned order of the learned single Judge dated 29. 03. 2004 passed in Writ Petition No. 19449 of 1999.

(2.) THE petitioner/appellant had sought disability pension. He was found physically incapacitated by the Medical Board of Doctors and he was discharged from Army service on 19. 08. 1993. In the counter affidavit filed on behalf of the respondents it is stated that the Medical Board has viewed his disability as neither attributable to nor aggravated by Military Service and opined that it was a constitutional disorder and was not connected with his service. Also, the Medical Board assessed the degree of disability at less than 20%, which is the minimum required for getting disability pension.

(3.) THIS Court cannot sit as a Court of appeal over administrative decisions. The scope of judicial review of administrative decisions is very limited. It is that true while prior to 1947 the Courts would not undertake judicial review of administrative decisions, but after the historical decision of the House of Lords in the Wednesbury Case (Associated Provincial Picture Houses Ltd. Vs. Wednesbury Corporation, (1947) 2 All. E. R. 680) the law was slightly changed and it was held that there can be judicial review of administrative decisions but that can only be done only on certain very limited grounds, vide State of N. C. T. of Delhi Vs. Sanjeev, AIR 2005 SC 2080. The Court cannot ordinarily sit in appeal over the decision of the administrator, but can only look into the manner of reaching the said decision. In the present case, we cannot question the decision of the Medical Board and we cannot sit in appeal over the same.