HC: Can’t review fitness norms for selection in forces judicially

The petitioner had applied for the post of artificer apprentice and senior secondary recruit (AASSR) in July 2019 and had successfully cleared the written examination. However, in the final medical examination, he was declared medically unfit on the grounds of Atelectatic Ear CRT.

New Delhi: “Parameters of fitness and standard set by the armed forces for appointment cannot be judicially reviewed and the opinion of the medical experts of the appointing authority shall prevail,” the Delhi high court said on Tuesday while dismissing a plea by a navy aspirant whose candidature was rejected as he was suffering from Atelectatic Ear CRT.

Denying relief to the aspirant, the court said the decision of board will be considered final and the candidate will have no right to further appeal.

Atelectatic Ear CRT causes disability of the tympanic membrane and the middle ear. It can lead to hearing loss.

The petitioner had applied for the post of artificer apprentice and senior secondary recruit (AASSR) in July 2019 and had successfully cleared the written examination. However, in the final medical examination, he was declared medically unfit on the grounds of Atelectatic Ear CRT.

His candidature was also rejected on the similar medical grounds by the Appeal Medical Board, though he claimed to have never received a copy. To ascertain the opinion of the medical board, the petitioner got himself examined at Safdarjung Hospital in Delhi, which issued a medical certificate observing no such medical disability.

Hence, the plea had sought for setting aside of medical unfitness certificates and to take on record the certificate issued by Safdarjung Hospital.

Denying relief to the aspirant, the court said the decision of board will be considered final and the candidate will have no right to further appeal.

The court also noted that by the virtue of Navy Order (Spl) 01/2008, the respondents had laid down the parameters for medical examination.

“Also, we find that petitioner’s case has been considered by the Appeal Board of respondents as per procedure prescribed and pursuant to petitioner’s re-medical examination by the specialists, he has been found “unfit for appointment”. The medical opinion of the specialists coupled with the nature of job involved, we find no reason to interfere with the decision of respondents,” the court said in a 14-page judgment.

The union government had contended that the above medical condition can get aggravated due to abnormal pressure regulations, which are present in ships and submarines; swimming and firing small and large arms and ammunition, which is a common practice for sailors.

“The nature of the job of a sailor involves sonar duties, radio operator duties, etc., which may result in further medical complications of the petitioner,” the Centre had said.