Sunil Kumar Son vs Union Of India And Others

Sanjeev Kumar, J

1 Vide order dated 06.12.2023, final opportunity was granted to the respondents to file objections subject to payment of Rs.5000/- as costs. Neither the objections have been filed, nor the cost deposited. Thus, right to file objections stands closed.

2 The short grievance projected by the petitioner in this petition is that he, after having faced a proper selection process to be enrolled as Senior Secondary Recruit (SSR), was provisionally selected subject to clearing the requisite medical examination. He was examined by the Medical Board of the respondents and was declared unfit due to ‘Hyper Hydrosis and Tongue-Tie’ as is apparent from the communication of Lieutenant Commandant/Recruiting Officer, INS dated 11.08.2016. The petitioner got himself medically examined from the Consultant physician SDH, Bishnah and B-Grade ENT Specialist, District Hospital, Samba. As per the medical certificates placed on record, the petitioner was found to be physically and mentally fit. It was also certified by the aforesaid Doctors that the finding of the Medical Board of the respondents that the petitioner was suffering from ‘Hyper Hydrosis and Tongue-Tie’ was seemingly an error of judgment. The petitioner sought Review Medical Board which was refused. Hence, this petition.

3 This petition was entertained on 27.09.2016 when the notice issued to the respondents was waived by the then ASGI. Almost eight years have passed, the objections by the respondents have not been filed which clearly indicates that the respondents have no substantial material to counter the averments of the petitioner. Be that as it may, the fact remains that the certificates issued by the Doctors i.e the Consultant Physician SDH, Bishnah and Grade ENT Specialist, District Hospital, Samba contradict the medical opinion expressed by the Medical Board of the respondents and, therefore, a case for constitution of Review Medical Board is made out.

4 This petition is, accordingly, disposed of by directing the respondents to constitute a Review Medical Board in the light of the opinion rendered by the civil Doctors i.e Consultant Physician SDH, Bishnah and Grade ENT Specialist, District Hospital, Samba, provided the same is already not constituted. The further course of action to be taken by the respondent’s shall depend upon the opinion of the Review Medical Board. For the sake of repetition, it is provided that in case the Review Medical Board has already been constituted and has conducted medical reexamination on the petitioner, the result thereof shall be communicated to the petitioner.