ASHWANI KUMAR vs UNION OF INDIA

Judgment text excerpt

$~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