Potu Anketesu vs Union Of India & Ors

Amrita Sinha, J

The petitioner aspires to join the Indian Army.

An advertisement was published by the Army Recruiting Office, Gopalpur for recruitment of eligible candidates. The Rally Site was at the Sports Ground and Biju Pattanaik Auditorium of Berhampur University, Berhampur, district Ganjam in the State of Orissa.

The petitioner participated in the recruitment examination. A medical test was conducted. The petitioner was declared unsuccessful on the ground of the disability-'bow legs'. Being dissatisfied with the report of the Junior Medical Officer, the petitioner preferred an appeal on the self-same day before the Senior Medical Officer present at the Rally Site. The Senior Medical Officer was of the same opinion that the petitioner suffered from the aforesaid disability. As the petitioner expressed dissatisfaction with the report of the Senior Medical Officer, he was referred for review by the Specialist Doctor at the Command Hospital, Kolkata. The petitioner was again disqualified on the same ground.

The petitioner submits that in July 2018 he participated in the recruitment process conducted by the Indian Army and was declared fit by the doctor of the Army. The disability for which he has been disqualified in October 2019 could not have developed within such a short span of time that is between July 2018 and October 2019.

The petitioner submits that after he was disqualified by the junior and senior doctors of the Army, he got himself physically checked up by the SCB Medical College and Hospital, Cuttack whereby the Orthopedic Doctor of the Hospital opined that he did not suffer from any deformity.

The petitioner submits that the written examination for recruitment will be held in January 2020 and he may be permitted to appear in the written examination and in the meantime he may be checked up by a Specialist Doctor at Kolkata.

The petitioner relies upon two unreported orders passed by Co-ordinate Benches of this court on 26th August 2016 in WP 16908 (W) of 2016 and 22nd January 2019 in WP 22950 (W) of 2018.

The petitioner submits that he is similarly placed as the petitioners in the aforesaid matters and similar relief may be extended in his case.

The learned advocate for the respondents takes a preliminary objection with regard to the maintainability of the writ petition before this court. It has been submitted that the High Court at Calcutta does not have the territorial jurisdiction to entertain the writ petition as the cause of action for filing the instant writ petition arose at Orissa, which is outside the territorial jurisdiction of this court.

It has been submitted that the recruitment notice was published by the Army Recruiting Office, Gopalpur. The petitioner participated in the recruitment process at Orissa. He was checked up by the Junior Medical Officer and the Senior Medical Officer at Orissa. The recruitment will be given at Orissa and, accordingly, this court lacks the territorial jurisdiction to entertain the writ petition.

The learned advocate appearing for the respondent further submits that according to the recruitment notice, medical test of a candidate was to be carried out as per the medical standards laid down at the Rally Site. The unfit candidates were to be referred for specialized review and the candidates referred for specialized review was to present themselves to the nominated Medical College & Hospital within fourteen days of the referral and report back for issuance of the admit card for the competitive examination, in case declared fit.

It has been submitted that the petitioner was checked up by the Junior Medical Officer and the Senior Medical Officer at the Rally Site. He was thereafter referred to the Specialized Doctor for review before the Command Hospital, Kolkata. All the doctors in the aforesaid three stages opined that the petitioner suffered from the 'bow legs' deformity. The opinion of the Medical Doctors in the Army has to be taken as final. The parameters for recruitment in the Army are different from that adopted for recruitment of civilians. The report of the Hospital of SCB Medical College and Hospital, Cuttack relied upon by the petitioner will not come to his aid as the report of the Medical Doctors of the Army has to be taken as the ultimate test for recruitment in the Army.

The respondent submits that the orders passed by the Coordinate Benches of this Court relied upon by the petitioner will not be applicable in the facts and circumstances of the instant case. In the order dated 26th August 2016 the court was pleased to direct the petitioner to appear before the Regional Institute of Ophthalmology, Kolkata as there was a difference in opinion of the Medical Officers whereas in the instant case all the three Doctors opined that the petitioner was suffering from the physical deformity of 'bow legs'. Similarly, in the order dated 22nd January 2019 the court was pleased to direct the petitioner to appear in the medical examination only because there was disparity between the findings of the Army Doctor at the initial stage and the final stage, which is not so, in the case at hand.

The respondents pray for dismissal of the writ petition.

I have heard the submissions made on behalf of both the parties.

With regard to the preliminary objection raised by the respondent on the ground of lack of territorial jurisdiction of this court to entertain the writ petition it appears that though the recruitment process was initiated and the medical test was conducted at Orissa but the review medical examination of the petitioner was conducted at Kolkata. The petitioner is aggrieved by the said report. So, it can be concluded that at least a part of the cause of action arose within the territorial jurisdiction of the Calcutta High Court and, accordingly, in my opinion, this court has the jurisdiction to entertain the writ petition.

It appears from records that the petitioner appeared in the physical examination at Orissa and he was declared unfit by the Doctors of the Army in two different stages, firstly by the Junior Medical Officer and secondly by the Senior Medical Officer, both of whom opined that the petitioner suffered from the physical deformity of 'bow legs'.

Lastly, according to the recruitment notice, the petitioner presented himself before the Specialized Review Officer at the Command Hospital at Kolkata. The review examination report also mentioned that the petitioner suffered from the aforesaid physical deformity. All the Doctors in the three different stages were ad idem about the physical deformity suffered by the petitioner. Since the petitioner aspires to join the Indian Army, he is liable to be tested according to the parameters that are followed by the Army for the purpose of recruitment. As the Doctors were in unison with the physical deformity that stood in the way of recruitment of the petitioner in the Army there is hardly any scope and/or reason to refer the matter for further physical examination. There has to be a finality of the assessment made by the Doctors of the Army.

In the facts and circumstances of the instant case there is no occasion to cast any aspersion on the successive reports of the doctors of the Army. Moreover, it is neither advisable nor desirable for the Army to recruit candidates who are not physically fit to defend the country at the time of need.

The case at hand does not call for any interference by the court.

W.P No. 62 (W) of 2020 fails and is hereby dismissed.

The affidavit of service filed in court is taken on record.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible upon compliance of usual formalities.