Chandigarh: The Armed Forces Court (AFT) has explained that the Indian Army is the fighting power and if it has put medical standards to enter as a policy problem, the court cannot interfere with it.
Division bench consisting of judge Sunita Gupta, Judicial and Water Marshal Members of BBP Sinha, AFT’s main bench administration member, has passed this order while deciding a problem where a soldier served in the Army at the Selection Board Service recommendation (SSB) for officers Under the scheme entered the Cadet College (ACC) Army.
Under ACC, serving Jawan is considered for commissions to the army.
This problem has reached before the court after the application submitted by the old Gurukul, a soldier served in the Army who was looking for instructions to override medical communications on September 26, 2019 and a letter dated December 5, 2019 issued by the army.
Not impressed with the Petitioner’s logic, said Benchhe AFT also looked for directions to be allowed to undergo training scheduled for ACC courses at the Indian Military Academy (IMA), Dehradun.
The applicant was registered in the army and distributed a combatant soldier on August 21, 2011 after the completion of the training.
After cleaning the written inspection for the selection as an officer in ACC, he was recommended by SSB on September 24, 2019 for the ranking officer.
However, he was declared medically not feasible in a medical examination associated with a special medical board due to post -fratic operations in both eyes.
In its appeal, he was re-examined by other medical councils and on November 1, 2019 was declared unworthy by the appeal of the Medical Board.
However, another request for a re-examination was rejected after that he approached the main bench AFT.
Applicants argue that he is a person who serves up in the Army India and is registered in the army after a broad examination and is found suitable as a member of the Indian Army Fighters and has served the best competence and keep the nation successfully, which is successful, which includes shooting performance performance , including shooting pistols.
The applicant has undergone a laser-assisted refractive operation (LASIK) and after surgery, his vision is within the normal limit, therefore, it is unclear how the applicant is declared not feasible for Lasik’s refractive operation when it is found to match all other standard fitness aspects.
Responding to the petition, military authority told the court that the applicant was examined by a good quality eye specialist on the medical board and after a broad investigation, he was found not feasible by the two boards for medical conditions, because the same did not fit the medical standards set to the entry of officers in the class armed.
Authorities also argue that the reason for declaring an unworthy applicant by the medical board is post-lasic refillary surgery, the axial length of the applicant found 26.28 mm for the right eye and 26.23 mm for the left eye higher than the 26mm specified limit , In this case, the military authority refers to the policy on July 16, 2019.
They propose that there is no bias or mala Fide in the authorities because the medical standards needed for combat forces such as soldiers are decided after many consoles and experiences of the actual field and two medical boards Just according to the policy.
Military authorities also explained that only undergoing LASIK refractive operations is not disqualified by itself but after surgery, minimum standards that can be accepted for the eyes, as determined by the policy, must be fulfilled.
Applicant, however, emphasized before AFT “If he is fit like Jawan, why he cannot be stated right as an officer.” After hearing the two parties, the division bench observed that it was not for the court to decide on the medical standards into the army.
“If the Army has decided a set of medical standards for selection as officers, the medical board is bound to implement it and therefore Prima Facie, we see a reason to disrupt the findings of the medical council.
In addition, we were not impressed with this logic because the Applicant was declared suitable During his registration as Jawan, therefore, he must be declared suitable to enter as an officer, “observes the back bench while rejecting the request.