CWP No. 3448 of 2010 -1- **** IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No. 3448 of 2010 Date of Decision : 13.09.2010 Anuja Saxena .......... Petitioner Versus The Union of India & another ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. M.K. Bhandari, Advocate for the petitioner. Mr. Sanjay Goyal, Advocate for the respondents. **** VINOD K. SHARMA, J. (ORAL) The petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ in the nature of mandamus directing the respondents to permit the petitioner to join the training Course on additional bond basis in pursuance of Order dated 10.6.2009 (Annexure P-3 ), and further by way of interim relief the petitioner seeks permission to undergo training course at the Air Force Academy, Hyderabad. The petitioner also sought quashing of order Annexure P-5, vide which the petitioner was declared medically unfit. The relief claimed by the petitioner for joining the Course on additional bond basis and the interim relief sought for undergoing training can not be accepted, as the petitioner has no right to join CWP No. 3448 of 2010 -2- **** training course unless and until she is declared medically fit for joining the Course by the competent Medical Board. The first two reliefs claimed are premature. The petitioner has also challenged the order Annexure P- 5 vide which the petitioner was declared unfit for 47 SSC(W) AE(L). The impugned order reads as under :- “Air HQ/26481/47 SSC(W)/Med-7 15 Jul 09 Ms. Anuja Saxena D/o Shri Kuldeep Kishore Saxena H. No. 34, New Lal Bagh Opposite to Market YPS Quarters Patiala (B) Appeal Medical Board :47 SCC (W) Candidate Anuja Saxena Batch No. F- WMT/80463/69 1. It is intimated that your Appeal Medical Board was held at this HQ. You have been declared unfit for 47 SCC(W) AE(L). 2. A copy of F-58 (finding of Appeal Medical Board) is enclosed for your information. Sd/- (R Mohanty) Wg CDr JDMS (MB) Annex : As stated Copy to : CWP No. 3448 of 2010 -3- **** AFCME -Enclosed with a copy of AF(I)F-58 JDPO 3 (A/B) -Enclosed with a copy of AF(I)F-58 'J' Block, Room No. 17 AIR HQ (VB) In Lieu of Air Force (I) :Form 58, Navy Form 352 Appeal Medical Board held at Air HQ R K Puram, New Delhi -66(W) AE(L) was medically examined on 13 Jul 09 and subsequent days to assess her fitness for 47 SSC(W) AE(L). She has been found to be : (a) Fit : N/A (b) Unfit : Unfit for 47 SSC(W)AE(L) (c) Reason for unfitness : Hepatic calcification (Rt.) lobe of liver. Remarks : Unfit for 47 SSC(W)AE(L) 2. She is further informed that if she desires she can challenge the findings of the Appeal Medical Board within 24 hrs with a request for Review Medical Board. She is advised to enclose medical documents / certificates in support of her request along with the application for Review Medical Board addressed to :- DMS (MB) Room No. 143 Air HQ (RKP) CWP No. 3448 of 2010 -4- **** West Block-6 New Delhi – 110066 With a copy to : JDPO-3(A/B) Room No. -17, 'J' Block Air HQ (VB) Motilal Nehru Marg New Delhi-11 3. The grant of a Review Medical Board is at the discretion of the Director General Armed Forces Medical Services after considering the merits of the case.” The contention of the learned counsel for the petitioner is, that the reason for declaring her unfit was firstly overweight, and secondly Hepatic calcification (Rt.) lobe of liver, which is not sustainable inasmuch as the petitioner on earlier occasion had also cleared the Service Selection Board for being Commissioned in the Indian Air Force, and was found fit for joining the Course, except that her height was found to be short. The contention of the learned counsel for the petitioner is that the impugned order, on the face of it, is not sustainable, in view of the previous medical examination in pursuance to her earlier selection. This Court can not go into this matter at this stage, as according to the guidelines the person declared medically unfit by the Medical Board, has a right of appeal which the petitioner availed. CWP No. 3448 of 2010 -5- **** The case of the petitioner is that on the date fixed for appeal Medical Board, she was unwell and intimation was sent to the respondents for change of date. Her request was not considered and was declared medically unfit, without permitting her to avail the remedy of appeal Medical Board. The petitioner, therefore, prayed that her case be referred to the PGI, Chandigarh to find out whether she was medically fit to join the Indian Air Force or not. The learned counsel appearing on behalf of the respondents placed reliance on the Guidelines for Medical Board of Candidates for Cadet Entries including women Entry Scheme. Clause 15 of the Guidelines reads as under : “15. The AMBS will be held at one of the undermentioned hospitals for candidates desirous of joining Army and Indian Navy. AMB for Air Force candidates will be held at the IHQ of MoD (Air) (Medical Branch). These medical boards will ensure that the required opinion of concerned specialist is taken for all candidates prior to conducting the medical boards:- (a) Base Hospital, Delhi Cantt (b) Base Hospital (SC) Pune (c) Base Hospital (EC) Calcutta (d) Base Hospital (CC) Lucknow (e) Base Hospital (NC), C/o 56 APO (f) Base Hospital (WC) Chandimandir CWP No. 3448 of 2010 -6- **** (g) INHS Asvini, Mumbai (h) Base Hospital (AF) Bangalore. 16. Composition of the AMBS at hospitals will be as under :- (a) President - Deputy Comdt/Offr detailed by Comdt. (b) Members - Advisors/Consultants in Medicines & Surgery (c)Approving Authority – Comdt of the Hospital (except for Air Force candidates where it will be approved by the IHQ of MoD (Air) (Medical Branch)” The contention of the learned counsel for the respondents therefore is, that if this Court feels that petitioner is to be medically examined, then it can be done by one of the hospitals given in the Guidelines, and not PGIMS as claimed by the petitioner. In view of the fact, that the petitioner had informed the respondents about her inability to appear before the Appeal Medical Board, which is not disputed. The action of the respondents in not permitting the petitioner to be examined by the Appeal Medical Board, on the face of it, is, therefore, arbitrary, thus, violative of Article 14 of the Constitution of India. The order passed by the Medical Board is, therefore, quashed, and the direction is issued to the respondents to get the petitioner medically examined from Command Hospital (WC) Chandimandir on 21.9.2010 at 10:00 AM. The respondents are directed to depute their representative for CWP No. 3448 of 2010 -7- **** Appeal Medical Board when the petitioner is to be medically examined. If the petitioner is found medically fit in appeal Medical Board, to join the Course, then the respondents shall take necessary steps to grant necessary relief to the petitioner immediately thereafter. Writ disposed off. Copy of this order be given dasti on payment of usual charges. 13.09.2010 (VINOD K. SHARMA) 'sp' JUDGE