IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4990 of 2009 GAUTAM KUMAR, son of Ashok Kumar, resident of village, P.O. and P.S.- Narhat, District-Nawadah. …….Petitioner Versus 1. The Union Of India through the Central Air Men Selection Board, Air Force, Barar Square, New Delhi-10. 2. Sri Hansh Rawat, The Wingh Commander, Medical Adviser, Central Air Man Selection Board, Air Force, Barar Square, New Delhi-10. 3. Sri. A. Patil, the Wing Commander(Medical Adviser), 7-Air Force Station, Kanpur(UP). 4. Sri. R. Gupta, The Fight Lieutenant, (Medical Officer), 402-Air Force Station, Kanpur(UP). 5. Sri. A.V.A. Basir, The Wing Commander,(Medical Officer), 402-Air Force Station, Kanpur(UP). 6. The Squardran Leader, 402, Air Force Station, Kanpur(UP). 7. The Wing Commander, Air Men Selection Station, Bihta, District- Patna(Bihar). 8. Sri. Vijay Maitri, The Senior Medical Officer, Air Force Station, Bihta, District-Patna(Bihar). ……Respondents. ----------- 03. 12.08.2009 The petitioner had applied for recruitment in Group-X, Technical Trade in the Indian Air Force. He cleared all examinations but when it came to medical fitness he was found medically unfit for two reasons, the Sub-standard weight and systolic murmur in the heart. Petitioner was surprised. In Patna he got himself examined at the Heart Hospital. The Doctors gave a report that there was no such abnormality. Petitioner then requested for being examined by appeal Medical Board of the Air Force. The appeal Medical Board now found that the disqualification on ground of sub-standard weight was not there anymore but they affirmed the findings of 2 systolic murmur and added one more disabling disease hydrosil. This was again reviewed by them immediately and this time the only disabling disease that was left was systolic murmur. In view of the Air Force as the opinion of appeal Medical Board was final, there being no further appeal from the said Board, further review was refused. As it was a question of life and death and bread and butter for the petitioner, he went to All India Institute of Medical Sciences, Ansari Nagar, New Delhi. He got himself examined in Cardio thoracic and neuro sciences centre OPD and specifically referred to his rejection from defence service on ground of systolic murmur. He was examined at different stages and all Doctors there concurred that there was no abnormality in this regards. This is apparent from Annexure-6 series. At this stage, I would note that it was not any stray investigation by All India Institute of Medical Sciences. It was an investigation pursuant to the Specialist Doctors being put to notice that petitioner had been rejected from defence service for systolic murmur. The report of the super specialist was that there was no systolic murmur. The question now arises as to what is to be done in such a situation. Heard the parties and with their consent, the writ petition is being disposed of at the stage of Admission itself. 3 A counter affidavit has been filed in which basis reliance has been placed on an unreported judgment of the Calcutta High Court wherein emphasis is on the fact that a person may ordinarily be eligible for appointment in civilian post looking to the normal physical condition but he may not be eligible according to the regress medical standard of the defence. In the counter affidavit, it is further stated that the conditions of disease for civilian appointment are different from that of appointment in defence services. In my view it is not as simple as that. I know of no medical journal nor any medical text has been brought to my notice which says that a person may not have a disease if he is looking for a civilian employment but that would become a disease when it comes to military employment for the simple reason that a disease is a disease and makes no distinction between employment sought to be taken or given. If a person suffers from Maleria, then whether it is for civil or defence purpose, Maleria remains Maleria. Here the disease that was identified by the Air Force Doctors was systolic murmur which is a serious heart condition. By no stretch of imagination it can be said that for civilian appointment the heart condition vanishes or it is defined differently than for a military appointment. The heart condition does not know the 4 distinction in appointment. It is a condition of heart which will remain unchanged. Another thing apparent from the counter affidavit is that the Authorities of the Air Force have not chosen to challenge the findings of the AIIMS. All India Institute of Medical Sciences, New Delhi is a super specialty research medical Institute of the Central Government. The Doctors are all super specialist. Further if we see the facts of this case in greater detail, it would be found that within the Air Force Medical Board itself curiously different diseases and ailments in relation to petitioner kept coming in and going out. First there was weight discrepancy and systolic murmur and then weight discrepancy vanished and hydrosil appears along with systolic murmur and lastly hydrosil vanished within a day leaving behind systolic murmur. This is a cause of serious concern. In my view, when a super specialist research hospital like AIIMS, New Delhi has certified petitioner not having systolic murmur, the Air Force can not stick to its finding and deny petitioner the job opportunity. I, therefore hold that the finding of the appeal Medical Board of the Air Force can not be sustained in view of the positive findings of the All India Institute of Medical Sciences, New Delhi especially when they were told that petitioner had 5 been rejected from defence services on ground of systolic murmur which they did not defect nor did they find. Thus I find no option but to declare the petitioner to be medically fit for appointment in the Indian Air Force for the post he had applied for. The Authority of the Air Force would now be obliged to take into service the petitioner and not to disqualify him on grounds of medical unfitness. The Air Force Authority would be well advised to act forthwith in the matter. I must note that ordinarily this Court should have remanded the matter to the Air Force authorities for reconsideration in view of the findings of AIIMS but that would only prolong the agony of the petitioner for no fault of his and would be a shear waste of time. Authorities have already held their Appeal Medical Board to be final and not open to review. With these observations and directions, the writ petition stands disposed of. Shageer (Navaniti Prasad Singh, J)