High Court of KeralaWP(C)/2123/2015disposed of

Vishnupriya.S. v. Union Of India

2015-01-21Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 21ST DAY OF JANUARY 2015/1ST MAGHA, 1936 WP(C).No. 2123 of 2015 (M) --------------------------- PETITIONER:

----------- VISHNUPRIYA.S.

D/O. SRI.RAJENDRANADHAN PILLAI, "SREYAS", T.K.M.C.P.O. PERROR, KOLLAM DISTRICT, KERALA-691 005.

BY ADV. SRI.V.K.SATHYANATHAN RESPONDENTS:

-----------

1. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE SOUTH BLOCK, NEW DELHI-110 001.

2. THE ADJUTANT GENERAL ADJUTANT GENERAL'S BRANCH, DGMS(ARMY)/DGMS-4B INTEGRATED HEAD QUARTERS MINISTRY OF DEFENCE (ARMY) DHQ P.O., NEW DELHI-110 011.

3. THE DIRECTOR AND COMMANDANT ARMED FORCES MEDICAL COLLEGE, PUNE-410 040.

4. THE PRINCIPAL COLLEGE OF NURSING, AFMC, PUNE-410 040.

R BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 2123 of 2015 (M) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- P1 : COPY OF THE HEALTH RECORD SHEET PERTAINING TO THE PETITIONER FOR THE 4 YEARS.

P2 : COPY OF THE LETTER NO.29537/DG AFMS/MNS 2586/D(MED) DTD.17.6.1988.

P2(A) : COPY OF THE ARMY INSTRUCTION 3/98.

P3 : COPY OF THE PASSING CERTIFICATE OF B.SC NURSING DTD.26.8.2013. P4 : COPY OF THE LETTER NO.3802/NSG/189B/2013 DTD.16.9.2013 ALONG WITH APPEAL FILED BY THE APPLICANT.

P5 : COPY OF THE LETTER NO.B/69052/DGMS-4B DTD.17.2.2014. P6 : COPY OF THE MOVEMENT ORDER DTD.18.2.2014. P7 : COPY OF THE EXPERIENCE CERTIFICATE DTD.3.3.2014 ISSUED BY THE PRINCIPAL AFMC PUNE.

P8 : COPY OF THE APPRECIATION LETTER DTD.6.3.2014 ISSUED BY BRIGADIER SHOK SAXENA.

P9 : COPY OF THE REPRESENTATION DTD.6.2.2014 FILED BY THE PARENTS OF THE PETITIONER.

RESPONDENT(S)' EXHIBITS: NIL ----------------------- TRUE COPY PA TO JUDGE SCL.

A. MUHAMMED MUSTAQUE, J.

--------------------------------- W.P.(C) No.2123 of 2015 ------------------------------- Dated this the 21 st day of January, 2015.

JUDGMENT

The petitioner has approached this Court being aggrieved by the invalidment from the service after completing the training for commissioning in the Military Nursing Service. The petitioner submitted that for the purpose of admission as a Nursing Cadet in the college of Nursing in AFMC, Pune, she underwent training without any difficulties. It is also submitted that the detailed medical examinations were conducted at Command Hospital (Air Force), Bangalore and no adverse remarks against the petitioner. However, she was not called for the ceremony of commissioning. The petitioner was told that some medical disability was there and therefore, she is liable to be invalided out of service. The petitioner submitted that her ailment was described as Dorsal Spine Scoliosis that was revealed during chest X Ray. 2.

Aggrieved by that finding, the petitioner approached

W.P.(C) No.2123 of 2015 -2the second respondent by Ext.P4. The only request made by the petitioner before this Court is for an early disposal of Ext.P4. The appeal appears to have been on 16.9.2013 as revealed from Ext.P4.

In view of the above, appropriate decision shall be taken in the matter, after affording an opportunity of being heard to the petitioner by the second respondent, within a period of two months from the date of receipt of a copy of this judgment. Sd/- A. MUHAMMED MUSTAQUE JUDGE Scl.