The petitioner applied for selection to the Indian Army and secured 51st rank in the merit list. He was declared unfit by the Special Medical Board (SMB) on three grounds: small left kidney, thrombocytopenia, and left cervical rib. The Appeal Medical Board (AMB) found him fit for thrombocytopenia and left cervical rib but confirmed unfitness due to left small kidney. The petitioner's request for a Review Medical Board (RMB) was rejected. He filed a writ petition under Articles 226 and 227 of the Constitution seeking quashing of the rejection and direction for a fresh ultrasound examination by a senior radiologist.
The Manual of Medical Standards for entry into Armed Forces stipulates that a unilateral or bilateral hypoplastic/contracted/shrunken kidney of size less than 08 cm renders a candidate unfit. It also provides that RMB is not a matter of right but is convened only when the Service Headquarters or Ministry of Defence considers there is weight in the challenge.
All scan reports, including the petitioner's own ultrasound (7.78 cm) and the Triple Phase CECT Scan done at the AMB (7 cm), showed the left kidney size as 8 cm or less. The court held that the medical finding was consistent and met the rejection criterion. The court distinguished Chandan Joshi v. Union of India, where an AIIMS report had supported the petitioner, and relied on Parth Karamchandani v. Union of India, which emphasized strict application of medical standards and declined to direct RMB. The court concluded that the extraordinary jurisdiction under Article 226 should not be invoked to grant relief, given the stringent requirements for Army personnel and the absence of any right to RMB. The writ petition was dismissed.
