Delhi High Court
Ashwani Kumar vs Union Of India on 25 June, 2025
$~DB-9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 25th June, 2025
+ W.P.(C) 8519/2025
ASHWANI KUMAR .....Petitioner
Through: Mr. Pankaj Mehta, Ms. Shweta Soni,
Ms. Akansha Singh and Ms. Simran
Mehta, Advocates
versus
UNION OF INDIA .....Respondent
Through: Mr. Ankur Mittal, CGSC with Mr.
Aviraj Pandey, Advocate for UOI.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
HON'BLE MS. JUSTICE RENU BHATNAGAR
J U D G M E N T (oral)
1. The petitioner seeks constitution of a Review Medical Board (RMB) as
according to him, he has been arbitrarily and unjustifiably rejected, being
medically unfit.
2. Pursuant to the Notification issued for recruitment through Combined
Defence Services Examination-II (CDS-II), 2024, the petitioner applied for
his recruitment in Indian Air Force (IAF) for Flying Branch. The petitioner
cleared the written examination and was issued letter asking him to appear for
medical examination for commissioning into Indian Air Force (Flying
Branch). Pursuant to such call letter, he appeared for medical examination
which took place on 17.03.2025. However, as per the report given by the
concerned Medical Board, he was found unfit for the following reasons:
“(1) OVERWEIGHT (2) KNOCK KNEE (3) DISC DEGENERATIVE
DISEASE (4) UNILATERAL INCOMPLETE SACRALIZATION OF
LV5 LLSTV-II a)”
3. The petitioner was also apprised that he had a right to file appeal
Signature Not Verified
Digitally Signed W.P.(C) 8519/2025 1
By:SONIA THAPLIYAL
Signing Date:26.06.2025
15:40:53
against the abovesaid decision.
4. According to petitioner, he challenged the abovesaid decision of
Medical Board by filing an appeal and appeared before the Appellate Medical
Board also but he was, orally, apprised that he was unfit, being suffering from
Lumbosacral Transitional Vertebra (LSTV)- Type IIa-right.
5. It also seems that he was declared fit for the other three alleged
disabilities.
6. It is submitted that the communication in this regard was only oral and
prior to appearing before the Appellate Medical Board, petitioner had already
obtained an opinion from the premium-most institution of the country i.e. All
India Institute of Medical Sciences (AIIMS), New Delhi and as per opinion
given by AIIMS on 11.04.2025, the petitioner was, merely, having, Type IA
Lumbosacral Transistional Vertebra, which is neither a disability nor a reason
for rejection.
7. It is also contended that in view of the abovesaid specific opinion and
observation given by AIIMS, New Delhi, the petitioner could not have been
declared unfit in a cursory manner and that such opinion was never even seen
by the Appellate Medical Board which, eventually, gave its opinion on
01.05.2025.
8. Learned counsel for the respondent appears on advance notice and has
placed on record the findings given by the Appellate Medical Board. There is
nothing therein which may indicate that the abovesaid opinion given by
AIIMS was seen by the Appellate Medical board or, for that matter,
disregarded, while giving any reason.
9. Admittedly, if the petitioner is suffering from Type IA Lumbosacral
Transistional Vertebra, he is not unfit for being recruited as a Flying Officer.
Signature Not Verified
Digitally Signed W.P.(C) 8519/2025 2
By:SONIA THAPLIYAL
Signing Date:26.06.2025
15:40:53
In terms of Recruitment Notification, if any such applicant is suffering from
LSTV-Castellvi Type IIa & b, IIIa & IV, it will be considered as a condition
which is unfit for being recruited in Indian Air Force. Reference in this regard
be made to Clause 5 of MUSCULOSKELETAL SYSTEM AND PHYSICAL
CAPACITY which makes various categories of spinal conditions unfit for Air
Force Duties (both flying and ground duties). Sub Clause (xi), which is also
one such spinal condition reads as under:-
“(xi) Unilateral sacralisation or lumbarisation (complete or
incomplete) and Bilateral incomplete sacralisation or lumbarisation
(LSTV- Castellvi Type II a & b, III a & IV) (Bilateral Complete
Sacralisation of LV5 and Bilateral Complete Lumbarisation of SV1
i.e LSTV Castellvi Type III b and Type I a & b are acceptable
(Annotation is to be made in AFMSF-2)”
10. Learned Counsel for petitioner has also strongly relied upon judgment
dated 22.11.2024 of the Coordinate Bench of this Court given in W.P.(C)
15281/2024 titled as Sajal Saha Vs. Union of India and Others wherein also,
in almost identical situation, the candidate was declared unfit on account of
LSTV-Castellvi Type IIa and was referred for further medical examination at
Army Research and Referral Hospital, Delhi Cantt., New Delhi. In that case
also, the Coordinate Bench was persuaded by the opinion coming from a
doctor of AIIMS Hospital and therein also AIIMS had opined that the
variation noted in the X-ray did not restrict the petitioners’ daily activities.
11. Undoubtedly, the petitioner has been re-examined exhaustively by the
Appellate Medical Board but keeping in mind the overall facts of the case and
also taking note of the judgment given by this Court in Sajal Saha (supra) and
in the peculiar facts and circumstances of the case, the present petition is
disposed of by directing that the petitioner be subjected to a further medical
examination at Army Research and Referral Hospital, Delhi Cantt., New
Signature Not Verified
Digitally Signed W.P.(C) 8519/2025 3
By:SONIA THAPLIYAL
Signing Date:26.06.2025
15:40:53
Delhi.
12. As admitted by the learned counsel for the petitioner herself, the result
of such medical examination shall be final and binding for both the parties
and as a necessary corollary, if the petitioner is again declared medically
unfit, the said report shall become final and would not be amenable to any
further challenge by the petitioner.
13. For the abovesaid purpose, the petitioner shall appear before the
Medical Board to be constituted by Army Research and Referral Hospital,
Delhi Cantt., New Delhi on 30.06.2025 at 11.00 A.M. The concerned Officer
of the respondent may also remain present at the time of such medical
examination along with the relevant documents of the petitioner.
14. The Medical Superintendent of Army Research and Referral Hospital,
Delhi Cantt., New Delhi is, accordingly, requested to appoint Board of
Doctors which should include Orthopedic Specialist and the opinion with
respect to the fitness be given, keeping in mind the standards fixed for the
recruitment in question. Registry is directed to send copy of this order to
them.
15. The petition stands disposed of in aforesaid terms.
16. Pending applications, if any, stands disposed of.
17. A copy of this order be given dasti under the signatures of the Court
Master.
MANOJ JAIN, J
(VACATION JUDGE)
RENU BHATNAGAR, J
(VACATION JUDGE)
JUNE 25, 2025/PU/SS
Signature Not Verified
Digitally Signed W.P.(C) 8519/2025 4
By:SONIA THAPLIYAL
Signing Date:26.06.2025
15:40:53