In this writ petition concerning medical unfitness declared for the petitioner during Air Force recruitment, the High Court dismissed the writ petition. The court applied the principle of delay and laches, noting the significant gap between unfitness declaration and the filing of the petition.
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.
19
Date of decision: 1st September, 2017
SHIVAM YADAV ..... Petitioner Through: Mr.S.S.Pandey and Mr.H.S.Tiwari, Advs.
versus
UNION OF INDIA AND ORS ..... Respondents Through: Through: Mr.Vijay Joshi, Sr. Panel counsel along with Flt. Lt. G.Paliwal and SGT D.Srivastava
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA
SANJIV KHANNA, J. (Oral)
The petitioner was declared as medically unfit by the Medical
Board on 21st July, 2016 at Air Force Hospital, Kalaikunda, Kharagpur, West Bengal (4AFH) on the ground that he was unable to squat.
WP(C) 7704/2017
Page 1
examined at 158 Base Hospital, Bengdubi, West Bengal. The petitioner was again declared as unfit on the ground that he was unable to squat.
WP(C) 7704/2017
Page 2
begin from June, 2017, nearly ten months after the petitioner was declared as unfit on account of inability to squat by the Appellate Medical Board, who had examined the petitioner in August, 2016.
to the representation made by the petitioner on 19th June, 2017 would not explain the delay from August, 2016 till the representation dated 19th June, 2017 was made.
WP(C) 7704/2017
Page 3
indicates that the physical deficiency recorded in the two medical examinations was correct.
order as to costs.
SANJIV KHANNA, J
NAVIN CHAWLA, J
SEPTEMBER 01, 2017 RN
WP(C) 7704/2017
Page 4
1 issue framed by the court
Whether the petitioner can challenge his medical unfitness declaration by the Appellate Medical Board for inability to squat.
Shivam Yadav
Union of India
Sanjiv Khanna
Navin Chawla
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
