Janardan Sahai, Member (J):— The applicant was enrolled in the Indian Army on 17.07.2001. It appears that he cleared the entrance examination for Army Cadet College Wing in March, 2005 and appeared for Service Selection Board interview and qualified the same and joined the Army Cadet College Wing of Indian Military Academy, Dehradun in July, 2005. The applicant's case is that in the November, 2007 when he was in the sixth term symptoms of disease “NON SEMINIMATIOUS GERM CELL TUMOUR” were observed and he was treated at Military Hospital and Army Hospital (Research AND Referral), New Delhi and was operated upon on 15.07.2008 for ORCHIECTOMY & RETROPEITONEAL LYMPH NODE DISSECTION (RPNLD).
2. According to the applicant after the surgery he has become fit. In para 4.6.1 of the OA the applicant has stated that in December, 2009 he was reviewed at Army Hospital (R & R) and there was complete remission and no evidence of disease was found and he was recommended to continue as low permanent category S1H1A1P2E1 for two years.
3. In para 4.7 the applicant has stated that he again applied for an early review Medical Board and was examined and the opinion of classified Specialists Oncology, Army Hospital, (R & R) was obtained and though the applicant was fit and free from disease still he was recommended to continue in low medical category S1H1A1P2E1. The prayer made in this Original Application is for direction to the Respondents to consider the case of the applicant on Top Priority for holding an appeal/special medical board to enable him to join the batch commencing in January, 2012.
4. The Ld. Counsel for the applicant has stated that the Medical Board of the applicant is already in progress.
5. The grievance of the applicant as expressed by Shri Rakesh Johari, Ld. Counsel for the applicant is that in the letter, Annexure 3 dated 16.08.2010 of Dte Gen. of Military Training, there is a recital in para 3 that “such cases in general are kept under surveillance for a period of five years before being upgraded to SHAPE - 1 if they continue to be in remission” and the applicant has apprehension that even though the medical board may find the applicant to be fit he may not be permitted to complete training. The prayer as sought in the petition was for holding the review medical board. Which according to the statement of applicant's counsel is already in progess. No direction in that regard are therefore required.
6. In the short counter affidavit filed by Shri Alok Mathur, Sr. Standing Counsel for the respondents have annexed the Administrative instructions; The Indian Military Academy and Officers Training Academy, dated 29.04.2004 issued by the Training Branch, Headquarters, Army Training Command, Shimla. Para 59 of the said letter is as follows:—
“59. There is no limit for relegation on medical grounds provided the medical authorities are convinced that the GC/LC/service cadet can become fit and can join back at the Academy. However, if the medical authorities find that the GC/LC/service cadet cannot become SHAPE - 1, procedure for withdrawal on medical grounds should be initiated.”
7. It appears from reading of para 59 that the applicant, if found to be fit by the Medical Board would be permitted to join back at the Academy for training/remaining period of training. The recital in paragraph 3 of the letter dated 16.08.2010 has to be read alongwith para 59 of the instructions above quoted. If therefore the applicant is found to be fit by the Medical Board, needless to say he would be permitted to join the Academy. In case however for any other reason order is passed it would be open him to seek such redress or to file another claim as may be permissible in accordance with law.
8. With these observations, the Original Application is disposed of.