Alok Sharma, J. - (1.) THESE writ petitions are fundamentally identical on the issue agitated i.e. enrollment of the petitioners as Soldier GD (hereinafter sepoys') in Indian Army having been denied. Hence these two petitions are being decided by the common order. The writ petition No. 15587/2013 is taken as the lead case for adjudication of these writ petitions. Facts therein will be adverted to.
(2.) THE petitioner being over -age, yet after obtaining special permission to participate in the recruitment process for induction as sepoy in Indian Army, participated in the Army Recruitment Rally at Bundi in April, 2012. The petitioner passed the running test as also the test for evaluation of physical parameters for recruitment as sepoy in Indian Army. He was however declared as medically unfit on 24 -5 -2012 for reasons of a "submucous fibrosis". The petitioner was then sent for review medical test and declared fit on 10 -6 -2012. He was thereafter formally allowed to write the examination on 25 -11 -2011 relating to the Sikar Army Recruitment Rally, and declared successful therein. However instead of being enrolled and dispatched for training, the petitioner was asked to report again on 23 -3 -2013 on which date, it is alleged, contrary to all extant rules the petitioner was again subjected to medical test at Military Hospital Jaipur and declared unfit on 6 -4 -2013. The petitioner sought his justice and correction of the illegality of what he alleged to be wrongful rejection from enrollment as sepoy in Indian Army on the basis of an unprecedented subsequent medical test after having been earlier declared fit, but without avail A demand for justice seeking rectification of the wrongful rejection/exclusion from enrollment received no response. Hence the writ petition impugning non enrollment of petitioner as a sepoy in the Indian Army as ultra vires the obtaining rules and vitiated by arbitrariness in subjecting the petitioner to a medical re -examination when petitioner was required to be enrolled and dispatched for training for employment as sepoy in Indian Army after having earlier passed the medical fitness test and the written examination.
(3.) REPLY to petition has been filed. It has been submitted that subsequent to first being declared temporarily medically unfit on 25 -5 -2012 for reasons of diagnosis of petitioner suffering from sub mucous fibrosis, he was sent for review medical examination and declared fit on 10 -6 -2012. The Army Officer ARO Kota sent review medical documents to ARO Alwar on 1 -8 -2012, which was after the commencement of the Common Entrance Examination at Karauli on 29 -7 -2012. The petitioner reported to ARO Alwar only on 17 -11 -2012 and was permitted to attend the next Common Entrance Examination at Sikar on 25 -11 -2012 where he was found to have qualified the written test. Having qualified the written test the petitioner was to undergo training at the Rajput Regiment Center. Despite a publication in the news papers and display on notice board at ARO Alwar for the dispatch ceremony of selected candidates to their respective Regiment centers, the petitioners failed to report to ARO Alwar for prior verification of documents. He could not hence be sent for training in the scheduled training programme on 12 -12 -2012. The petitioners even thereafter failed to report to ARO Alwar for prior verification of documents despite reminders on 15 -12 -2012, 17 -1 -2013 as also 15 -2 -2013 necessary before dispatch for training in the allotted regiment. The petitioners reported to ARO Alwar only on 5 -3 -2013 and not on 5 -1 -2013 as stated in writ petition. As per existing instructions/policy applicable to the Indian Army in the recruitment of sepoys, the validity period of medical examination is only for 180 days counted from the of initial successful medical examination - -in this case 10 -6 -2012. The petitioner was subjected a fresh medical examination on 25 -3 -2013 whereupon he was found unfit at Medical Hospital Jaipur for having been diagnosed for hyper extension elbow B/L He was declared unfit on 9 -4 -2013. And in view of unfitness in the medical examination on 25 -3 -2013/9 -4 -2014, the petitioners could not be sent for training.;