Legal Question in Appeals and Writs in India

I was recommended by the Selection Centre East, Allahabad for 120 NDA course in Feb. 2008. I was then sent to AFCME for the medical examination. I was examined by Wing Commander Vivek Vasudev and he opined a deformity Hallux Valgus (deviation of big toe). I appealed against the decision of the medical board and was re-examined at Base Hospital Delhi Cantt. .

There, the case was examined only physically and no X-ray etc. of the foot was taken. I was declared unfit without any serious examination. In this way I lost one of my chances. The review of my medical was held in Army Hospital R&R. There Colonel Agarwal who was the specialist said (orally to me) that I was normal since the degrees were 10 and 15 in left and right foot respectively and acceptable norms are : less than 20 degrees.

(Now I have also obtained information regarding this through RTI). But in the conference held under Lt. Gen. P Madhusudan I was declared unfit (may 2008) with reasons which I could never understand (I was 16 yrs old). Now as I got aware about RTI I asked for information regarding this and the information provided to me clearly states that I was fit. Can I file a writ petition now?? Or is there any other way to get justice??


Asked on 7/10/10, 11:43 am

1 Answer from Attorneys
Deepak Chandna Chandna & Associates

Yes, if the information revealed to you under RTI Act states that you were fit then you have been deprived of your livelihood and the action is unconstitutional and you can file application in the Defence Services Tribunal.

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Answered on 7/19/10, 5:24 am


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