Dismissed

Karamveer S/O Shri Dharmveer v. the Union of India

Rajasthan HC13 Feb 2024SAW/844/2023

Case brief

AI extract

What is this about?

In this D.B. Special Appeal, the bench dismissed the appeal against the rejection of the appellant's medical fitness for Naval recruitment. Upholding the Single Judge, they found no merit as no malafide was alleged against the Medical Boards. The rejection based on ECG irregularities was affirmed.

What did the court decide?

The appeal filed by Karamveer aggrieved by the rejection of his candidature for Naval recruitment was dismissed.

Karamveer S/O Shri Dharmveer Vs the Union of India — Service and Employment | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Special Appeal (Writ) No. 844/2023

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Karamveer S/o Shri Dharmveer, Aged About 21 Years, R/o Village And Post Saga, Tehsil-Buhana, District- Jhunjhunu.

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----Appellant

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Versus

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The Union Of India, Through Secretary, Ministry Of Defence, (Navy), New Delhi.

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Principal Director, Directorate Of Man Power Planning And Recruitment, C-Wing, Ihq-Mod (Navy), Sena Bhawan, New Delhi.

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The Flag Officer Commanding-In-Chief (For Pio), Headquarter, Southern Naval Command, Kochi-682004

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Recruiting Officer, Indian Naval Ship, Chilka, Po-Chilka, District Khurda (Orissa)

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----Respondents

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For Appellant(s) : Ms. Pooja Gupta For Respondent(s) : Ms. Manjeet Kaur

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL Order

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13/02/2024

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Appellant has preferred this appeal aggrieved by order dated 05.07.2023 passed by learned Single Judge, whereby the writ petition filed by the appellant was dismissed.

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It is contended by counsel for the appellant that appellant’s candidature was rejected on the ground of unfitness (ECG LBBB). It is also contended that appellant is of sound health and his heart is also sound, merely on the basis of some irregularities found in the ECG, his candidature should not be rejected. It is further contended that a fresh Medical Board should be constituted to adjudge the suitability of the appellant.

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Ms. Manjeet Kaur, counsel appearing on behalf of respondents, has opposed the appeal. It is contended that there is

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[SAW-844/2023]

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(2 of 2)

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no allegation against the experts who have conducted the medical examination. It is also contended that appellant had applied for review of medical examination and review Medical Board was constituted, which has also found the appellant to be unfit for recruitment in the Navy. It is further contended that appellant was only called for medical examination and when abnormality was found in ECG, he was not given recruitment. In the call letter for final medical examination issued on 20.06.2019, it was specifically mentioned that the enrollment will be subject to clearing the final medical examination and the provisional selection shall stand cancelled if the candidate is found medically unfit.

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We have considered the contentions. 5. Appellant has appeared twice before the Medical Board and both the Medical Boards have found him unfit for being recruited in the Navy. There is no specific allegation of malafide against the Medical Board that have been constituted to adjudge his suitability. The learned Single Judge has dealt with each and every aspect of the matter and has placed reliance upon Ashish Kumar

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Pandey Vs. Union of India & Ors., WP(C) No.5847/2021 decided by Delhi High Court and Ahil Singh Vs. Union of India & Ors. WP(C) No.797/2021 decided by the High Court of Jammu & Kashmir.

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We do not find any error in the impugned order and the appeal being devoid of merit, is accordingly, dismissed.

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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Heena/Mahima/04

Karamveer S/O Shri Dharmveer v. the Union of India

Case brief

What is this about?

What did the court decide?

Karamveer S/O Shri Dharmveer v. the Union of India

Case brief

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What did the court decide?

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