CWP No.20417 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: CWP No.20417 of 2008 DATE OF DECISION: December 5, 2008 NARINDER(MINOR) ...PETITIONER VERSUS UNION OF INDIA ETC. ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MR. JUSTICE RAJAN GUPTA. PRESENT: MR. MANI RAM VERMA, ADVOCATE FOR THE PETITIONER. ASHUTOSH MOHUNTA, J. The petitioner has prayed for quashing the certificate/order declaring him unfit and has further prayed that the respondents be directed to examine the petitioner by constituting a medical board and to consider him for selection as Sailors for Sailors-SSR.. In pursuance to the advertisement dated 26.6.2008, for enrolment as Sailors for Sailors-SSR., the petitioner was issued a call letter and as per the procedure given written test as well as physical test was held on 24.10.2008. In the preliminary medical examination, the petitioner was found suffering from Wax in both ears. As the petitioner was found suffering from the aforementioned disease, therefore, he was directed to report to Military Hospital for review of his medical condition. A review medical examination of the petitioner was conducted at Military Hospital, Ambala Cantt. wherein he was found to be suffering from Wax in both ears. Accordingly, the petitioner was declared unfit for the post in question. CWP No.20417 of 2008 -2- Counsel for the petitioner submits that the petitioner had got himself examined at PGIMS, Rohtak on 17.11.2008, wherein the said hospital issued certificate that he was fit. It is contended that once the petitioner has been declared fit by the PGIMS, Rohtak, therefore, he could not have been held to be medically unfit and rejected. The petitioner has prayed that review medical board be held in the case of the petitioner. Counsel for the petitioner has also relied on an interim order passed by the High Court of Madhya Pradesh in Writ Petition No.1347 of 2008 in which the petitioner was allowed to appear before the medical board. A perusal of the aforementioned facts shows that in the preliminary examination the petitioner was found to be suffering from Wax in both ears. Even in the review medical examination, the aforementioned disease was confirmed by the Doctors of Military Hospital at Ambala Cantt. The certificate produced by the petitioner from PGIMS, Rohtak obviously cannot over-write the medical opinion given by the medical experts of the recruiting agency. Counsel for the petitioner has not been able to show any provision, rule or regulation which entitles him to seek medical examination from review a medical board. As regard the contention of the counsel for the petitioner that he be allowed the same relief as in the interim order passed by High Court of Madhya Pradesh, we are of the considered view that the same does not have the value of precedent as the same is not a judgment on merits. The said order cannot be said to be enunciation of any law which would operate as a binding precedent. Moreover, from the order it is not clear that under what circumstances the same was granted. In any case we have held above CWP No.20417 of 2008 -3- that a subsequent medical opinion cannot over-ride the medical report of the recruiting agency. In view of the above, we find no merit in the writ petition and the same is dismissed. (ASHUTOSH MOHUNTA) JUDGE December 5, 2008 (RAJAN GUPTA) Gulati JUDGE