ABHIMANYU MOR  Vs UNION OF INDIA THROUGH SECRETARY MINISTRY OF DEFENCE & ORS.

W.P.(C)No.11243/2020 Page 1 of 3
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11243/2020

ABHIMANYU MOR ….. Petitioner
Through: Mr. T. Parshad, Advocate.

versus

UNION OF INDIA, THROUGH SECRETARY
MINISTRY OF DEFENCE & ORS.. ….. Responde nts
Through: Mr. Anurag Ahluwalia, CGSC
with
Mr. Himanshu Pathak,
Mr. Abhigyan Siddhant
Mr. Nitnem Singh Ghuman and
Major Arjun Katoch, Advocates.

% Date of Decision: 06th January, 2021
CORAM:
HON’BLE MR. JUSTICE MA NMOHAN
HON’BLE MS. JUSTICE ASHA MENON

J U D G M E N T
MANMOHAN , J (Oral )
1. By way of present writ petition, the petitioner has challenged
the decision of the DGAFMS declining to hold Review Medical
Board (RMB) against the decision of the Appeal Medical Board
(AMB), which has found him unfit for service on account of kidney ailment ‘ Right Renal Calculus ’. :
2. Learned counsel for the petitioner states that after the decision
of the AMB, the petitioner was examined by two super specialty hospital, one of which was Army’s own prestigious Base Hospital,
2021:DHC:34-DBW.P.(C)No.11243/2020 Page 2 of 3
Delhi Cantt. and these hospitals did not find any evidence of the
ailment found by the AMB.
3. Mr.Anurag Ahluwalia, Advocate for the respondents states that
the RMB is not a matter of right and as it is presided over by
Lieutenant General rank medical officer, the same should be resorted
to in very rare cases. He also states that in the present case , stones in
the kidney of the petitioner were found in two separate service
hospitals’ ultra sound reports. He also states that the possibility of
the petitioner having undergone surgery for rem oval of renal stone
after the AMB on 4th
4. Having heard learned counsel for the parties, this Court is in
agreement with the submissions of learned counsel for the respondent that a direction to hold RMB is not a matter of right but a matter of
discretion. However, in the present case as two super specialty hospitals, including the Army’s own prestigious Base Hospital, Delhi Cantt., have not found any evidence of ‘ Right Renal Calculus ’ in the
petitioner, this Court directs holding of a R MB to review the medical
condition of the petitioner within ten days. November, 2020 cannot be ruled out.
5. It is clarified that this order has been passed in the peculiar facts
of the present case inasmuch as th ere is contrary medical opinion
from the Army’s own Base Hospital, Delhi Cantt.
6. In the event, the petitioner is found fit, he shall be allowed to
join the Officers Training Academy NCC (Special ) Entry -48 Course.
7. With the aforesaid directions, the present writ petition stands
disposed of.
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8. The order be uploaded on the web site forthwith. Copy of the
order be also forwarded to the learned counsel through e -mail.

MANMOHAN, J

ASHA MENON, J
JANUARY 06, 2021
KA

2021:DHC:34-DB