D.K.ARORA,J. - (1.) HEARD learned Counsel for the petitioner and the learned Counsel appearing for the Union of India.
(2.) IN the instant writ petition, the petitioner has inter-alia questioned the correctness and validity of the the impugned order dated 19.11.1992 passed by the Civilian Staff Officer, Asst. Director of Personnel (A) for Chief of the Air Staff on the representation of the petitioner dated 27.8.1992, wherein he has assailed the validity of Recruiting Medical Officer's (hereinafter referred to as the 'R.M.O') medical report, declaring the petitioner as a temporary medically unfit ( in short referred to as "T.M.U.") on 4.6.1990. The petitioner has also sought a direction for commanding the respondent no.1 to consider the real controversy involved in the case of the petitioner as pressed in his representation dated 27.8.1992. Briefly, the essential facts of the case are that the petitioner having requisite qualification and being eligible was selected for the post of Airman (Technical) in the competency test on 16.1.1990 at Lucknow. On 17.1.1990, the petitioner was medically examined and he was found Temporary Medically Unfit on account of his minor ailment in the nose i.e. D.N.S. (deviated nasal septum) and, accordingly, he was advised to get himself operated by a Government Doctor and to report the Airmen Selection Board at Kanpur on 20.2.1990. The petitioner owing to unavoidable reasons could not get his D.N.S. operate and reported the Airmen Selection Board on 20.2.1990. Since the petitioner did not take the medical treatment/get his D.N.S. Operated, he was issued a T.M.U. slip by the R.M.O. with an advice to report on 4.4.1990 after treatment/cure with a certificate issued by a Government Doctor.
(3.) THE petitioner got himself operated for D.N.S. by Professor (Dr) O.P. Gupta, Head of E.N.T. Department,B.H.U. and reported to the Recruiting Medical Officer on 4.4.1990 along with a certificate issued by Dr. Gupta. The petitioner was referred to the E.N.T. Specialist after examination by the R.M.O., as he had some doubt about petitioner's cure. The E.N.T. Specialist after examination, returned the petitioner with remarks to the Recruiting Medical Officer, who again issued a T.M.U slip with the advice to report for review on 4.6.1990. The petitioner again went under treatment of Dr. O.P. Gupta, Head of E.N.T. Department, B.H.U. and after treatment, Dr. Gupta issued a certificate of fitness on 19.5.1990 (Annexure No.6 to the writ petition). The petitioner appeared before the Recruiting Medical Officer on 4.6.1990 alongwith fitness certificate and the R.M.O. without referring the case of the petitioner to the E.N.T. Specialist, again issued a T.M.U. Slip to the petitioner.;