The Delhi HC dismissed a writ petition challenging the petitioner's declaration as medically unfit for the Indian Air Force due to excess weight and other findings, upholding the Medical Board's assessment on weight.
The writ petition and pending application were dismissed; original records returned to respondents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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ASHUTOSH RATHI ..... Petitioner Through: Mr. Ajit Kakkar, Advocate
versus
UNION OF INDIA & ORS .....Respondents Through: Mr. Anil Soni, CGSC
CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SUNIL GAUR
W.P.(C)1959/2016 Page 1 of 2
respondents reflects that the petitoner’s ECG was normal, but external hemorrhoids were seen and on 18.2.2016, he was declared unfit. Thereafter, the petitioner had appeared before the Medical Board on 8.3.2016 and he was declared unfit on the ground that his weight was 75 kg. and even after giving him the benefit of ± 10% of the ideal weight and having regard to his height, i.e, 183 cm, the petitoner’s ideal weight ought to have been 66 kg ± 6.3 kg, whereas he was found over weight by 2.7 kg.
HIMA KOHLI, J
SUNIL GAUR, J
MARCH 09, 2016 sk/mk/ap
W.P.(C)1959/2016 Page 2 of 2
2 issues framed by the court
Whether the Medical Board's decision declaring the petitioner unfit for the post of Airman due to being overweight should be quashed.
Whether the petitioner's complaints regarding external hemorrhoids warrant judicial interference in the fitness determination.
Ashutosh Rathi
Union of India
Hima Kohli
Sunil Gaur
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
