SHREYA JUYAL vs UNION OF INDIA AND ORS

Judgment text excerpt

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 07.01.2025 + W.P.(C) 49/2025, CM APPL. 153/2025 SHREYA JUYAL .....Petitioner Through: Mr. Ajit Kakkar, Adv. versus UNION OF INDIA AND ORS .....Respondents Through: Mr. Amit Tiwari, CGSC with Mr. Hussain Jaqvi, Ms. Ayushi Srivastava, Mr. Ayush Tanwar, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (Oral) 1. This petition has been filed by the petitioner, praying for the setting aside of the Medical Board proceedings dated 10.10.2024, as well as the Appeal Medical Board proceedings, which have declared the petitioner medically unfit for appointment to the post in the Flying Branch of the Indian Air Force pursuant to the Air Force Common Admission Test (AFCAT)-01/2024, on account of her being diagnosed with the condition “Beta Thalassemia Trait”. 2. The learned counsel for the petitioner has handed over a copy of the medical report from the Vardhman Mahavir Medical College Signature Not Verified Digitally Signed W.P.(C) 49/2025 Page 1 of 5 By:NEELAM Signing Date:17.01.2025 15:21:14 (VMMC) & the Safdarjung Hospital, which has opined that the petitioner is fit for flying/rigorous training. He also places reliance on the report of the All India Institute of Medical Science (AIIMS) Hospital, which similarly opines that the petitioner may be considered for the Air Force and is fit for flying and rigorous training. He also places reliance on the report from the Metro Heart Institute with Multispecialty Hospital, which he submits has given a similar opinion. He further submits that the gene associated with the condition of the petitioner is dormant and would in no manner affect the discharge of the duties by the petitioner. 3. On the other hand, the learned counsel