Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 977/2018 & CM No.4144/2018 (Stay)
DAKSH BASSI ..... Petitioner
Through: Mr.Surya Nath Pandey,
Advocate
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr.Sanjeev Narula, CGSC with
Ms.Anumita Chandra,
Advocate with Lt.Col.
Ravikanth & Swg. Cdr.
S.N.Singh, Mr.Naresh Kaushik,
Mr.Devik Singh & Mr.Akash
Mohapatra, Advocates for R-2
& R-3/UPSC.
CORAM:
HON’BLE MS. JUSTICE HIMA KOHLI
HON’BLE MS. JUSTICE PRATIBHA RANI
O R D E R
% 20.03.2018
1. The petitioner is aggrieved by his non-selection by the
respondents in the National Defence Academy and Naval Academy
Examination (1)-2017 for NDA-139 Course and has prayed for
issuance of a writ/direction to the respondents to constitute a Review
Medial Board to re-examine him.
2. The brief facts of the case are that in January, 2017, the
respondent No.2/UPSC had published an Examination Notice for
W.P.(C) 977/2018 Page 1 of 4
conducting examinations for admission to the Army, Navy and Air
Force Wings of National Defence Academy and Indian Naval
Academy Course through National Defence Academy and Naval
Academy Examination (1) - 2017. The petitioner had applied online
for participating in the aforesaid examination. On 23.04.2017, he had
appeared in the written examination and had qualified for the same.
On 16.08.2017, the petitioner was called for an interview by the
Service Selection Board (SSB) at Allahabad. On 28.08.2017, the
petitioner’s medical examination was conducted by Medical Board
(MB) at the Military Hospital, Allahabad, where he was declared
medically unfit on two counts namely (i) Multiple Splenic
Calcification and (ii) Bilateral Disc Oedema.
3. Immediately thereafter, on 29.08.2017, the petitioner had
applied for an Appeal Medical Board. He was directed to appear
before the said Board on 27.09.2017, at the Command Hospital,
Kolkata where he was declared fit in so far as “ Bilateral Disc
Oedema” was concerned but was declared unfit on account of
“ Multiple Splenic Calcification” . Thereafter, the petitioner filed an
application asking for a Review Medical Board, which request was not
responded to by the respondents.
4. Aggrieved thereby, the petitioner has filed the present petition
for a direction to the respondents to have him re-examined by
constituting a Review Medical Board.
5. On the last date of hearing, we had requested learned counsel
for the respondents to obtain instructions with regard to the vacancy
position in the NDA and the Naval Academy in terms of the
W.P.(C) 977/2018 Page 2 of 4
advertisement for the subject examination, conducted in the year 2017
and he was asked to produce the relevant medical records of the
petitioner’s ailment. The original records have been produced by the
learned counsel for the respondents and perused by us.
6. Learned counsel for the respondents states that once a candidate
is declared unfit in the Appeal Medical Board, if he/she applies for a
Review Medical Board, it is not mandatory that a Review Medical
Board be constituted for the candidate and the said decision is taken at
the discretion of the Ministry of Defence, based on the merits of each
case. Photocopies of the medical reports of the petitioner are handed
over by the learned counsel for the respondents and taken on record.
7. Having perused the said records, it transpires that initially the
petitioner was examined at the Medical Board at the Military Hospital,
Allahabad where he was declared unfit on the account of “ Multiple
Splenic Calcification ” as also for “Bilateral Disc Oedema ”. The
Appeal Medical Board had examined the petitioner on 27.09.2017,
and Specialist had declared him fit in respect of “ Bilateral Disc
Oedema ”. However, the petitioner was declared unfit by a Three
Member Board on 28.09.2017on account of “ Multiple Splenic
Calcification ”.
8. Learned counsel for the respondents relies on the “ Standard for
Assessment by USG for Cadets including Women Candidates”
guidelines dated 22.10.2009 and particularly, refers to the “Status of
the spleen” which states that the candidate can be declared unfit if
there is any space occupying lesion in the spleen. Learned counsel
states that in the present case “Multiple Splenic Calcification ” is in
W.P.(C) 977/2018 Page 3 of 4
fact, a lesion in the spleen for which the petitioner has been declared
medically unfit and in such circumstances, no useful purpose would be
served by referring him for a Review Medical Board.
9. In view of the aforesaid reports and the guidelines, we do not
see any justification to accede to the petitioner’s request for a Review
Medical Board by referring him to some independent hospital for re-
examination. The prayer made in the present petition is declined.
10. The petition is dismissed, along with the pending application.
HIMA KOHLI, J.
PRATIBHA RANI, J.
MARCH 20, 2018
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W.P.(C) 977/2018 Page 4 of 4