RISHI MANI SRIVASTAVA Vs. DIRECTOR & COMMANDANT

JUDGEMENT

(1.) The Petitioners in the above 3 petitions took admission in the Armed Forces Medical College, Pune (Army College) in the year 2000. They were required to execute a bond in the nature of an agreement at the time of admission. The Petitioners completed their course in the year 20052006. They underwent a medical test which revealed certain diseases suffered by them.

(2.) The Petitioner in Writ Petition No.9121 of 2005 is stated to be suffering from chronic pancreatitis. The Petitioner in Writ Petition No.1091 of 2006 is stated to be suffering from schizophrenia. The Petitioner in Writ Petition No.3813 of 2006 is stated to be suffering from Psoriatic Arthropathy.

(3.) It is the case of the Petitioners that they were not suffering from the aforesaid diseases at the time of gaining admission to the medical course for the Army College from where they have completed their medical studies. It was only during the course of their training that they have been afflicted with the aforesaid diseases. It is their case that these diseases are unavoidable and that the Petitioners are not responsible for having been so afflicted, (except in the case of the Petitioner in Writ Petition No.9121 of 2005 who suffered from pancreatitis). The Respondents admit that the Petitioners have not contributed to their diseases by their conduct. Even in case of the Petitioner in Writ Petition No.9121 of 2005 the only reply of the Respondents is that the Petitioner consumed alcohol though he was medically advised to refrain therefrom. It is not shown by the Respondents that the diseases of that Petitioner could have been contracted because of addiction to alcohol or that that Petitioners was so adicted.