IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1247 of 2009 MUKESH KUMAR YADAV Versus THE UNION OF INDIA & ORS ----------- 3. 24.03.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the Union of India in the Ministry of Defence. In pursuance of an advertisement the petitioner applied for appointment as an Airman in the Indian Air Force. His eligibility and fulfillment of the conditions of the advertisement otherwise are not in dispute when he was medically found unfit on three grounds as mentioned in the medical report dated 8.9.2008. He filed an appeal before the Appellate Medical Board which by its order dated 5.12.2008 did not find any medical infirmity in terms of the report dated 8.9.2008, it declared him unfit on the ground of “Blue Dot Cataract B/E”. Once the appellate medical Board which consists of experts in the field of medicine pronounced on the issue there is no occasion for this Court to sit in judgement over their decision on grounds of sympathy. Realising the situation, learned counsel for the petitioner moulded his relief to submit that cataract was curable by operation even while he disputed correctness of the report. It is submitted that the petitioner shall have himself examined appropriately on the issue of Blue Dot Cataract B/E at the All India Institute of Medical Science, New Delhi and if there be any infirmity he shall also have himself operated. He shall then, as the case may be, present himself before the Appellate Medical Board again. If the petitioner appears before the Appellate Medical Board within a period of two months from today with any fresh materials the respondents shall consider his case uninfluenced by the report dated 5.12.2008. The writ application stands disposed off. Snkumar/- (Navin Sinha,J.)