VIKRANT Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Having successfully steered through the selection process seeking employment as an Airman in the Indian Air Force the petitioner's candidature was rejected on discovery of a medical condition in the presence of External Haemorrhoids found by the attending doctors in the Medical Board. The petitioner's aspirations and effort made for joining the prestigious Air Force came to zilch when the Appeal Medical Board declared him medically unfit for the post. It is argued that the norms for fitness for a civil post and for posts in Defence Services are quite different. The defence forces follow rigorous medical standards which are prescribed in instructions titled Guide to Medical Officers, 2008 and in the case of the petitioner cited against him is a condition falling in Chapter VI - Clinical Aspects of Certain Diseases. The relevant paragraphs of the Medical Standards are contained in Paras.1.1.8, 2.1.1, 4.2.1 and 4.3.6 thereof. The last two are in issue and are therefore reproduced:- "CHAPTER 2 MINIMUM PHYSICAL AND MEDICAL STANDARDS

(2.) Haemorrhoids as a medical condition falls in Para.4.3.6 and is a cause for rejection.

(3.) A large number of judgments and orders have been relied upon by Mr. Puneet Gupta, Senior Panel Counsel, for the Union of India representing the Air Force. The seven decisions of different High Courts are presented in a compendium which includes (1) CWP No.25289 of 2015 titled Vikas Kumar v. Union of India and others, decided on 02.06.2016; (2) CWP No.10203 of 2015 titled Vikas v. Union of India and others, decided on 15.11.2016; (3) CWP No.8093 of 2015 titled Sumit v. Union of India and others, decided on 15.11.2016; (4) Writ-A No.66507 of 2014 titled Uttam Prakash v. Union of India and others, decided on 09.12.2014; (5) Writ-A No.15086 of 2015 titled Randheer Singh v. Union of India and others, decided on 25.03.2015; (6) W.P. (C) No.1962/2010 titled Prashant Grewal v. Union of India and others, decided on 05.10.2010; (7) W.P. No.26399 (W) of 2016 titled Mukul Sahoo and others v. Union of India and others, decided on 28.02.2017.