NEETU BALA Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) This petition has been filed praying for directions to quash the letter dated 20.02.2014 (Annexure P-4) whereby the petitioner has been intimated that she is unfit to join service. She has prayed for directions that she be permitted to join service based on the appointment letter issued to her.

(2.) Advertisement (Annexure P-1) was issued inviting applications for grant of Short Service Commission in the Army Medical Corps. There were 200 vacancies. The applicants could be either male or female. They were required to have passed the final year M.B.B.S. Examination in the first or second attempt and must not have attained the age of 45 years on 31.12.2013. The tenure for the fresh candidates was five years extendable by another nine years in two spells first one of five years and the second one of four years, subject to eligibility. There was no condition that the candidate had to be unmarried. The petitioner who was MBBS, MD applied in response to the advertisement. She was called for the interview on 10.06.2013 and was intimated that she had been selected for grant of Short Service Commission (hereinafter referred to as "SSC") in the rank of Captain. Though, initially, declared unfit in the medical examination on 11.06.2014, she was declared medically fit by the Appeal Medical Board on 16.07.2013. She was issued appointment letter dated 16.01.2014 (Annexure P-2) whereby she was asked to report on 10.02.2014 to the Commandant of Military Hospital, Pathankot for commencement of employment. In the appointment letter it was stated that she had been found fit by the Medical Board. But she would be required to undergo medical inspection on reporting to the unit to simply confirm that there has been no deterioration in the health status.

(3.) The petitioner reported for duty on 10.02.2014. After her medical inspection, certificate (Annexure P-3) was issued that she was medically fit and is free from contagious disease. However a remark was entered that she was seven months pregnant but with no complications. It was conveyed to her that there are no clear instructions or guidelines or rules as to whether pregnancy can be construed as deterioration of health. Accordingly, the petitioner was asked to wait pending a clarification on this issue from the Headquarters. Finally, vide letter dated 20.02.2014 (Annexure P-4) the petitioner was intimated that as per the competent authority, she was unfit to join service. She made a request to keep a vacancy for her so that she could join after delivering the child but received no response.