Gaurav Singh v. Union Of India & ORS

01,M/L 6.2.2023 S.D.

W.P.A. 7925 of 2017 With CAN 1 of 2020 (Application not found) Gaurav Singh Vs.

Union of India & Ors.

Mr. Debjyoti Dutta Mr. Gopal Das ... For the Petitioner Mr. Vipul Kundalia Mr. Anurag Roy ...For the Respondent Army Authorities From the report dated January 30, 2023, it appears that the petitioner is medically fit on account of Knock Knees and unfit on account of Dropping Shoulders and Scoliosis. The report by the Command Hospital is retained with the records.

Mr. Dutta, learned counsel appearing on behalf of the petitioner submits that the petitioner has subsequently been held to be fit by various other hospitals and the said reports have been annexed to a supplementary affidavit handed over in Court today.

Such supplementary affidavit is retained with the records.

Mr. Kundalia, learned counsel appears on behalf of the respondent authorities.

Since this Court called for a report from the Superintendent of the Eastern Command Hospital/any hospital to examine the petitioner and give its opinion whether the petitioner is fit to work as a Soldier, this Court is not inclined to look into the other reports which have been furnished subsequently on behalf of the petitioner from civilian hospitals.

The Writ Court cannot go into disputed questions of fact regarding the medical fitness of an incumbent to be recruited as a soldier (General Duty).

In the above circumstances, the writ petition being W.P.A. 7925 of 2017 is dismissed without any order as to costs. CAN 1 of 2020 is also accordingly disposed of. The parties are allowed to make copies of the report as forwarded by the President of the Medical Board for Commandant of the Eastern Command Hospital.

All parties shall act on the server copy of this order duly downloaded from the website of this Court.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all the formalities.

(Lapita Banerji, J.)