NISHU KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Pursuant to an Advertisement Notice issued by the Army Recruiting Office, Jammu for holding Army Recruitment Rally for the eligible candidates of Districts Udhampur, Poonch, Ramban, Doda, Kishtwar, Rajouri and Reasi from 01.09.2019 to 10.09.2019 at subsidiary Training Centre at Talwara, Reasi. The petitioner being a resident of Udhampur applied for being enrolled as Soldier Tdn (All Arms). He attended the recruitment rally, presented all his testimonials and was, accordingly, admitted to undergo physical tests on 07.09.2019. The petitioner claims that he qualified both the physical standard tests as well as physical tests and was, accordingly, given a token for undergoing medical examination. The petitioner was subjected to medical examination by the Medical Board and was found physically fit for army duty. He was, accordingly, called for written examination. The written examination was conducted by the respondents at Army Public School BD Bari Brahmana, Jammu on 26.10.2019 which examination too was cleared by the petitioner successfully. Consequently, the petitioner was selected for the post of Soldier Tdn (All Arms) by the ARO, Jammu.

(2.) The petitioner as directed reported to ARO, Jammu on 21.12.2019 and was again subjected to some informal medical check up before issuing transit warrant for undergoing training at BEG Training Center, Uttrakhand. It is submitted that after the petitioner was found fit and selected, a communication was issued by respondent No. 4 on 29.11.2019 to the SSP, Udhampur for verification of antecedents of the petitioner. In response, the SSP, Udhampur vide his letter dated 30.11.2019 intimated respondent No.4 that there was nothing adverse in the police record against the petitioner. After completion of all these formalities, the petitioner was ultimately enrolled into the Army and was directed to report on 21.12.2019 for proceeding to undergo basic training at Uttrakhand. The petitioner states that while he was all set to go for training, he was taken aback when he was told to report to Zonal Recruitment Officer Jallandhar for further medical check up. The said ZRO referred the petitioner to respondent No.4 for further medical check up. The petitioner was medically examined and was diagnosed to be suffering from 'Extensive Spcrotal Sebacoous Cysts (Systoma Multiplex)'. The petitioner was, accordingly, told that he was medically unfit on account of suffering from the aforesaid disease and, therefore, cannot be deputed to undergo the training. The petitioner was sent home with the assurance that he would be called back again once he recovers from the aforesaid disease. It is further the case of the petitioner that after he underwent treatment and was fully cured of the aforesaid disease, he reported for duties after obtaining a certificate of fitness from the CMO, Udhampur, but he was not permitted to join. It is in the aforesaid backdrop, the petitioner has approached this court seeking the reliefs prayed for in this writ petition.

(3.) On being put on notice, the respondents have appeared and have filed objections. In the objections, stand taken by the respondents is that the petitioner was thrice examined by the Medical Officers and it was found that he was suffering from 'Extensive Scrotal Sebaceous Cysts' and, therefore, not fit for Army service. It is submitted that the petitioner's initial medical was done on 8.9.2019 along with other selected candidates and was also subjected to dispatch medical as per the policy on 21.12.2019 wherein he was diagnosed for 'Extensive Scrotal Sebaceous Cysts'. He was referred to the Senior Recruiting Medical Officer, who concurred with the finding of recruitment Medical Officer. The petitioner was explained about his disability and advised to report to 166 Military Hospital, Jammu for specialist's review. At 166 Military Hospital, Jammu, the specialist reviewed the medical fitness of the petitioner and declared him unfit on 10.02.2020. It is, thus, submitted that the petitioner was examined by the specialist at 166 Military Hospital, Jammu on 06.020.2021 i.e after a gap of 48 days and by that time the disease the petitioner was suffering was persisting. It is, thus, submitted that in view of the aforesaid medical condition, the petitioner was not permitted to go for the recruitment training and, thus, was rightly sent back home.