Full Judgment Text
$~71
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision : 17.02.2026
+ W.P.(C) 2232/2026, CM APPL. 10777/2026
AKSHAY KUMAR .....Petitioner
Through: Mr. Vivek Bhai Patel, Mr. Sonu
Sharma and Mr. Rakesh Kumar,
Advs.
versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr. Balendu Shekhar, CGSC, Mr.
Krishna Chaitanya, Mr. Divyansh
Singh Dev, Advs. and Commandant
Aakarshan Agarwal.
Ms. Shambhavi Sharma, Ms.
Avantika Pandey and Ms. Vanshika
Arora, Advs.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
V. KAMESWAR RAO, J. ( ORAL )
1. This petition has been filed with the following prayers:-
“a) Issue a writ of certiorari quashing the impugned
order/communication dated 18.12.2024 issued by
Respondent No.3 rejecting the Petitioner’s request for
Review Medical Board;
b) Issue a writ of mandamus directing the Respondents
to conduct a Review Medical Board of the Petitioner in
accordance with law within a stipulated time;
Signature Not Verified
Signed By:PRADEEP
SHARMA
Signing Date:20.02.2026
16:18:42
W.P. (C) 2232/2026 Page 1 of 4
c) Direct the Respondents to consider the Petitioner for
induction into appropriate branch/cadre of the Indian
Navy, subject to medical fitness.”
2. In effect, the petitioner is challenging the communication dated
18.12.2024 whereby his application for grant of Review Medical Board has
been rejected.
3. Suffice to state that the petitioner, who was a candidate for
recruitment to the post of Short Service Commission Pilot in the Indian
Navy, had appeared before the First Medical Board on 18.07.2024. The
petitioner was found to be unfit on three grounds i.e. (1) Myopic
Astigmatism (LE), (2) Hyperuricemia and (3) Spondylolysis at LV5 with
Grade-I Anterolisthesis of LV5 Over SV1.
4. The petitioner applied for examination by the Appellate Medical
Board. A perusal of the opinion given by the Appellate Medical Board on
ground no. (1) & (2), the petitioner was found fit but not on ground no. (3).
It was pursuant thereto that the petitioner had applied for a Review Medical
Board in terms of his letter dated 08.10.2024, which has been rejected by the
respondents.
5. We find that the petitioner, except for challenging the order of the
First Medical Board and the Appellate Medical Board, has not placed any
material on record with his representation or in the petition to contend that
the opinion given by the First Medical Board and Appellate Board are
erroneous, which require review insofar as the ground no. 3 of unfitness.
6. We also find the reason given in the impugned order is that the
request for Review Medical Board is not as per the existing policy.
7. Mr Balendu Shekhar, CGSC and the officer, who is present through
Signature Not Verified
Signed By:PRADEEP
SHARMA
Signing Date:20.02.2026
16:18:42
W.P. (C) 2232/2026 Page 2 of 4
online mode submits that the benefit of Review Medical Board cannot be
sought as a matter of right. In other words, the Competent Authority has to
be satisfied that, a ground exist for re-consideration of the opinions by the
Review Medical Board, more so, when two Medical Boards have found the
petitioner unfit on one ground or the other.
8. We agree with the submission made by the Mr Shekhar, inasmuch as
the petitioner has not placed before us any opinion given by a Government
hospital in his favour, moreso on ground no. (3) of the Appellate Medical
Board. In the absence of any such opinion, the Competent Authority is
justified in stating that the request of the petitioner for grant of Review
Medical Board cannot be considered as per the existing policy.
9. That apart, we find in the representation dated 08.10.2024, the ground
taken by the petitioner reads as under:-
“At the medical conference, I was told that I am
Temporarily unfit for Navy Pilot. I wanted to apply for
the Review Medical Board.
Gp Capt MS(MB), RK Puram Medical Board told me
to contact DMPR to apply for the Review Medical
Board as I am a Naval Candidate. I further request you
to grant me RMB so that I can be considered for my
chosen/alternate Branches.”
10. A reading of the representation would reveal that the petitioner
intended to seek the Review Medical Board only for recruitment to an
alternate branch.
11. At this stage, the learned counsel for the petitioner states that the case
of the petitioner be considered for recruitment in alternate branch of the
Indian Navy.
12. The submission of Mr Shekhar is that the petitioner had only applied
Signature Not Verified
Signed By:PRADEEP
SHARMA
Signing Date:20.02.2026
16:18:42
W.P. (C) 2232/2026 Page 3 of 4
for Short Service Commission as a Pilot and there is no provision in such an
eventuality that a candidate can be considered for appointment to an
alternate branch.
13. If that be so, even this plea of learned counsel for the petitioner is
rejected.
14. In view of our discussion above, we are of the view that the present
petition is without any merit. The petition along with the pending
application is dismissed.
V. KAMESWAR RAO, J
MANMEET PRITAM SINGH ARORA, J
FEBRUARY 17, 2026 /sr
Signature Not Verified
Signed By:PRADEEP
SHARMA
Signing Date:20.02.2026
16:18:42
W.P. (C) 2232/2026 Page 4 of 4