LAWS(P&H)-2015-8-197

PARAMVEER CHAWLA Vs. UNION OF INDIA AND ORS.

Decided On August 31, 2015
Paramveer Chawla Appellant
V/S
Union of India And Ors. Respondents

JUDGEMENT

(1.) THE present writ petition seeks the quashing of the medical fitness certificate issued by respondent No. 4 vide which the petitioner has been declared unfit for admission to Class IX in the respondent -school namely, Sainik School Kapurthala. Accordingly, a direction is sought for admission for the session 2015 -16. The case of the petitioner is that the entrance examination was held on 04.01.2015 and the petitioner appeared in the said examination. The result was declared on 20.03.2015 and the petitioner was declared successful. The interview was held on 08.04.2015 and the petitioner was called for medical checkup on 15.04.2015, to be held at Military Hospital, Jalandhar Cantt. In the said medical examination he was declared unfit for being i) over weight, ii) hyperextension knees and iii) poor eye distant vision.

(2.) BEING not satisfied with the opinion of the medical board, he applied for review, in which also he was declared unfit on account of his poor distant vision. The petitioner has relied upon medical certificate issued by Civil Hospital, Bahadurgarh, District Jhajjar and from Delhi Hospital and Nursing Home, Bahadurgarh to submit that he has no physical disability regarding his eyes.

(3.) IN the written statement filed by respondents No. 1, 4 and 5, it is submitted that the unfit vision was found by the Eye Specialist on 09.05.2015 on the review filed by the petitioner. The Sainik School boys are selected as army officers to join NDA and the medical examination has to be done strictly as per laid down standards. The review board has also re -examined and declared him unfit for his poor distant vision. The distant vision would hamper his ability to be a good army man and will come as a great hindrance to correct assessment of targets while using arms and other army related mandatory activities. As per the medical conducted on him, his 6/6 vision was only with glasses, which is not acceptable criteria for fitness and even if there is a minutest of disability in any candidate, he would not be eligible.