WP(C) NO. 12014 OF 2025 1 2025:KER:29569 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 12014 OF 2025 PETITIONER: MOSES S AGED 19 YEARS S/O.SUDEESH P, MAILAMEEDUPUTHENVEEDU, MADATHIKONAM, VEERANAKAVU P.O, THIRUVANANTHAPURAM DISTRICT., PIN - 695572 BY ADVS. RATHEESH B. GYOTHISH CHANDRAN SANUJU R. RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE NEW DELHI., PIN - 110011 2 THE CHIEF OF THE AIR STAFF AIR HEADQUARTERS (VB), NEW DELHI., PIN - 110011 3 THE PRESIDENT CENTRAL AIRMEN SELECTION BOARD (CASB) BRAR SQUARE, DELHI CANTT, NEW DELHI., PIN - 110010 4 THE PRESIDENT INITIAL MEDICAL BOARD, 6 AIR FORCE HOSPITAL RED FIELDS, PULIAKULAM, COIMBATORE, TAMIL NADU., PIN - 641045 5 THE PRESIDENT APPEAL MEDICAL BOARD, HQ TC (U), BANGALORE, KARNATAKA., PIN - 560006 6 THE COMMANDING OFFICER 14 AIRMEN SELECTION CENTRE (ASC) VII/302-B, VAYUSENA ROAD, KAKKANAD, KOCHI., PIN - 682030 WP(C) NO. 12014 OF 2025 2 2025:KER:29569 7 DIRECTOR OF MEDICAL SERVICES (AIR) AIR HEADQUARTERS (RKP), RK PURAM, NEW DELHI., PIN - 110066 8 DIRECTOR GENERAL OF ARMED FORCES MEDICAL SERVICES OFFICE OF THE DGAFMS, ROOM NO. 42, M BLOCK, NEW DELHI., PIN - 110001 DAYA SINDHU SREEHARI-DSGI IN CHARGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 12014 OF 2025 3 2025:KER:29569 JUDGMENT The petitioner had undergone the selection process on the post of Airmen in the Indian Air Force, Group Y Medical Assistant trade. The petitioner qualified in the physical and written examination. However, the medical examination was scheduled on 07.02.2025 at 6 Air Force Hospital Coimbatore. The petitioner was declared medically unfit by the Medical Board. 2. The petitioner filed an appeal against the findings of the Medical Board dated 07.02.2025 declaring the petitioner medically unfit. The Appellate Medical Board re-examined the petitioner on 05.03.2025 at SMC, HQ TC Bangalore, and the Appellate Medical Board also found the petitioner unfit for appointment in the Air Force as Airmen. The Primary Medical Board and the Appellate Medical Board, both WP(C) NO. 12014 OF 2025 4 2025:KER:29569 have noticed the “ECG abnormality – Left Axis Deviation” 3. The learned Central Government Counsel submits that after the Appellate Medical Board, there is no provision for a Review Medical Board, and the findings of the Appellate Medical Board are final. 4. The learned counsel for the petitioner submits that the petitioner got himself examined by a Consultant Interventional Cardiologist at M/s. Neyyar Medicity, Kattakkada and he did not detect any abnormality in the petitioner’s ECG. After the Appellate Medical Board found the petitioner unfit, the petitioner consulted the Cardiologist at Sree Chitra Tirunal Institute of Medical Sciences & Technology, Trivandrum, and he has undergone all the tests. The report of the Sree Chitra Tirunal Institute of Medical Sciences & Technology, Trivandrum has been placed on record as Ext.P5. The learned counsel for the petitioner, therefore, submits that the findings recorded by the Primary and Appellate WP(C) NO. 12014 OF 2025 5 2025:KER:29569 Medical Board are incorrect and which are at variance with the medical report of the petitioner given by Sree Chitra Tirunal Institute of Medical Sciences & Technology, Trivandrum. The submission is that this Court may direct the respondent to constitute a Review Medical Board to re-examine the petitioner for his medical fitness. It is further submitted that in the Army, there is a provision for a Review Medical Board after the Appellate Medical Board examines the candidate. 5. I have considered the submissions. This Court cannot substitute and laid down a different procedure for the selection and appointment of the persons in the Air Force. As per the laid down procedure, there is no provision for a Review Medical Board, once the Appellate Medical Board finds a candidate unsuitable for the job. The Army and Air Force have different procedures and different requirements of the personnel serving therein. If the Army has a provision for the Review Medical Board, that will not entitle the WP(C) NO. 12014 OF 2025 6 2025:KER:29569 petitioner to the Review Medical Board examination if there is no such provision existing in the recruitment process for the Airmen in the Air Force. 6. The petitioner’s medical certificate obtained from private hospital and Sree Chitra Tirunal Institute of Medical Sciences & Technology, Trivandrum, are of no use inasmuch the recruitment procees doesnot contemplate and provides for medical examination of candidates outside the Primary Medical Board and Appellate Medical Boards constituted in Army/Air Force hospitals. 7. In view thereof, this Court cannot substitute the findings of the Primary Medical Board and Appellate Medical Board regarding the petitioner’s medical fitness for appointment as Airmen, and once the medical experts have found the petitioner unfit, there is no occasion for this Court for direction to re-examine the petitioner for which there does not exist provision. WP(C) NO. 12014 OF 2025 7 2025:KER:29569 Thus, I do not find that there is any substance in the writ petition, which is hereby dismissed. Sd/- D. K. SINGH JUDGE AP WP(C) NO. 12014 OF 2025 8 2025:KER:29569 APPENDIX OF WP(C) 12014/2025 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF NOTIFICATION FOR AIRMEN INTAKE 02/2025 Exhibit P-2 TRUE COPY OF MEDICAL UNFITNESS CERTIFICATE NO.140111 DATED 07.02.2025 ISSUED BY 4TH RESPONDENT AT THE BEHEST OF 3RD RESPONDENT. Exhibit P-3 TRUE COPY OF TEST RESULTS DATED 01.03.2025 FROM M/S NEYYAR MEDICITY. Exhibit P-4 TRUE COPY OF MEDICAL UNFITNESS CERTIFICATE NO.051927 DATED 11.03.2025 ISSUED BY 5TH RESPONDENT AT THE BEHEST OF 3RD RESPONDENT. Exhibit P-5 TRUE COPY OF TEST RESULTS DATED 14.03.2025 FROM M/S SREE CHITRA TIRUNAL INSTITUTE OF MEDICAL SCIENCES & TECHNOLOGY TRIVANDRUM. Exhibit P-6 TRUE COPY OF RESULTS OF TMT TEST WAS CONDUCTED ON 17.03.2025 AT M/S SREE CHITRA TIRUNAL INSTITUTE OF MEDICAL SCIENCES & TECHNOLOGY TRIVANDRUM. Exhibit P-7 TRUE COPY OF REQUEST DATED 18.03.2025 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS 2 AND 8. Exhibit P-8 TRUE COPIES OF RELEVANT CERTIFICATE OF PARTICIPATION OF VARIOUS EVENTS IS COLLECTIVELY.