AUGUSTINE GEORGE MASIH,J. - (1.) PETITIONER, who is a Post Graduate in Physics with gold medal from Thapar University, Patiala, is craving through this writ petition to join the Indian Air Force as a Short Service Commission (Women) Technical Course but stands rejected on medical grounds and has assailed the action of the respondents declaring her unfit by applying instructions dated 22.10.2009, which have come into force subsequent to her initial medical examination and are prospective in nature.
(2.) FACTS in brief are that initially petitioner appeared in February, 2008 for 31 Short Service Commission (Women) Fighter Pilot SSB held at Dehradun for the post of Pilot and was recommended to undergo the medical examination for being selected for the course. She was temporarily rejected for three medical reasons namely being over weight, Liver calcification and sub- standard height. On an appeal filed by her, she was referred to the Base Hospital, Delhi Cantonment. She underwent medical examination on 23/24-04-2008 and was declared fit on first two counts i.e. over weight and liver calcification but as she did not have the minimum height required for the Pilot, she was rejected. Thereafter an advertisement was issued for appointment in the Indian Air Force on Short Service Commission basis in the technical wing. Petitioner applied and appeared on 26.10.2008 in the Engineering Knowledge Test, the result whereof was declared on 10.12.2008 and she was declared pass. Petitioner received a letter dated 25.02.2009 for appearing before the Air Force Centre of Medical Establishment (hereinafter referred to as 'AFCME') for her medical examination, which was held on 03.03.2009 and she cleared the same. List of successful candidates was declared by the respondents and the petitioner's name figured at Sr. No. 6 thereof. Petitioner was directed to report at Secundrabad on 11.07.2009. When she reported there, she was surprised to know that she was declared ineligible for appointment on account of liver calcification. Subsequently, a letter dated 15.07.2009 was sent to the petitioner intimating her formally that she had been declared unfit. Petitioner requested for review of the medical through a representation dated 20.07.2009. Request of the petitioner was accepted and she was directed to report for the Review Medical Board on 03.08.2009. Since the petitioner fell ill, a request was made by way of representation for postponement of the Medical Board on 06.08.2009. Thereafter, request was made on 07.08.2009, 13.08.2009 and 23.08.2009 for giving any date for Review Medical Board but the request was not accepted instead a letter dated 23.09.2009 was received by the father of the petitioner stating therein that the petitioner has been declared unfit for the course in absentia in the Review Medical Board.
(3.) PETITIONER, therefore, approached this Court by filing a writ petition i.e. CWP No. 3448 of 2010. Reply to the writ petition was filed by the respondents. On considering the submissions made, this Court, vide judgment dated 13.09.2010 (Annexure P-18), disposed of the writ petition with the following directions:- " In view of the fact that the petitioner had informed the respondents about her inability to appear before the Appeal Medical Board, which is not disputed, the action of the respondents in not permitting the petitioner to be examined by the Appeal Medical Board, on the face of it, is, therefore, arbitrary, thus violative of Article 14 of the Constitution of India. The order passed by the Medical Board is, therefore, quashed, and the direction is issued to the respondents to get the petitioner medically examined from Command Hospital (WC) Chandimandir on 21.09.2010 at 10.00 A.M. The respondents are directed to depute their representative for Appeal Medical Board when the petitioner is to be medically examined. If the petitioner is found medically fit in appeal Medical Board, to join the Course, then the respondents shall take necessary steps to grant necessary relief to the petitioner immediately thereafter. Writ disposed of." ;