SUMIT Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) In the instant writ petition, the petitioner has questioned the validity of medical examination dated 19.01.2015 and appeal medical examination dated 13.02.2015 (23.03.2015).

(2.) The petitioner is a candidate for the recruitment to the post of "X' (Technical) trades and Group 'Y' for Automobile Technician, GTI and IAF (S) trades Airman. (His candidature was required to be considered/examined only for Group 'Y'). After processing the application, he was called for medical examination on 19.01.2015 by the selecting authority. The Selecting authority have held him unfit in the medical examination with reference to para 3.11.1 and 4.3.15 relating to nasal septum. After selecting authority holding him medically unfit for the post, petitioner is stated to have approached the doctor. After due examination he was operated for deviated nasal septum on 31.1.2015. Thereafter, he requested for review medical. He was called for review medical on 13.02.2015 and it was postponed to 18.02.2015 due to administrative reasons. On 18.02.2015 the petitioner was held medically unfit to that extent, on 23.03.2015 petitioner was communicated findings of the Appeal Medical Examination. Thus the petitioner aggrieved by the result of medical examination/appeal medical examination presented this petition.

(3.) Learned counsel for the petitioner submitted that petitioner has undergone operation relating to deviation nasal septum on 31.01.2015 therefore, as on the date of appeal medical examination dated 13.02.2015 (18.02.2015) the medical defect was rectified. Consequently, the review/appeal medical authority should have held that petitioner is medically fit. Therefore, decision of the review/appeal medical examination dated 18.02.2015 (23.03.2015) vide Annexure P-4 is highly arbitrary and illegal and is liable to be set aside.