Vikash Kumar vs Union Of India & Anr.

Pursuant to order dated 16.09.2022 passed by this court, respondents have produced the original medical report whereby it is established that in Preliminary Medical Examination Report, petitioner was declared ‘Unfit’ for two reasons i.e. (i) Cubitus Valgus (B/L) and (ii) Umbilical Hernia.

Thereafter, the same was challenged by the petitioner and accordingly he was directed to appear before the Review Medical Board. In Review Medical Board, the petitioner was examined for Hernia and declared ‘Unfit’ and with regard to Cubitus Valgus (B/L), he was declared ‘Unfit in Absentia’ as he did not get himself examined for the said disability.

Thus, it is established that he had appeared in the said medical examination, and that as per the report the petitioner is ‘Unfit’ for two counts as mentioned above.

Therefore, there is no merit in the petition which is accordingly dismissed.