What will be the appropriate forum for this??
Mukul
(Querist) 29 March 2013
This query is : Resolved
I am confused as to where the following petition should be filed. Please guide me. Whether the appropriate forum is the AFT or some high court??? The synopsis goes like this..
The petitioner herein was recommended by the 11 Services Selection Board at Selection Centre East, Allahabad for 120 NDA course (Batch No. ANDA 61838-A, Chest No. 06) being All India Ranked 35 for AirForce and 88 for Army/Navy in the year 2008. After being recommended by the Service Selection Board, Allahabad he was sent to AFCME ( Air Force Central Medical Establishment ), New Delhi for medical examination where he was declared unfit showing the deformity ‘Hallux Valgus’ meaning the inward deviation of the big toe. Being aggrieved at declaring him unfit, he submitted an appeal before the Appeal Medical Board for re-examination of his medical fitness where also without taking an X-ray of his toe, he was declared unfit. The X-ray is essential to determine the degree of deformity. The petitioner again approached theReview Medical Board where although an X-ray was taken but here he was declared unfit without providing him the reports. Having made up his mind for himself for appearing other defence services examinations like University Entry Scheme and Technical Graduate Courses, he started pursuing B.Tech degree and alsounderwent NCC training. Right before applying for these examinations, he decided to gethimself examined regarding his deformity and accordingly he was examined by an orthopedicspecialist who deducted from physical examination of the petitioner’s feet that he was totally fit and the percentage ofdeformity of his Hallux Valgus was very minor and advised him to get the exact percentageof deformity from the Air Force medical authorities. After having known that he was medically fit and the purported action of the Medical Boards, the petitioner submitted applications under RTI Act seeking information about the findings of the Medical Boards and the acceptable standards in case of his deformity before therespondent authorities on various occasions. Though they provided him with the Medical standards, they never supplied the exact required information regarding his rejection to the petitioner. Later, the petitioner got his feet examined by a Reg Medical practitioner and obtained a certificate stating that the degree of deformity of his feet is Right=10 o and Left=10 o . The economic condition of the petitioner turning against him, he joined the Indian Air Force as an Airman on29-09-2010 and underwent training for almost a year and a half. The petitioner, managing time from the busy training schedule, submitted a representation on 20-04-2011 before the respondent authorities for restoration of hiscandidature for 2008 batch of 120 NDA but the respondent authorities in a most illegal and arbitrary manner without considering the facts and circumstances of the case, intimated the petitioner vide a letter dated 03-06-2011 referring to a speaking order dated 20-08-2010 that the instant speaking order addresses all the grievances of the petitioner. Subsequent RTI applications fetched no satisfactory responses. The petitioner even submitted an application in Aug 2012, through proper channel, to the Commanding Officer of 43 Squadron, his parent unit, for forwarding to appropriate authorities. The application got ‘trapped’ in the channel itself for months and even before it could be presented to the commanding officer, the petitioner was asked either to modify the content or to withdraw the application. The application is still held with the unit orderly room. Aggrieved, the petitioner filed a writ petition WP(C) 595/2013 on 31-01-2013 in the Hon’ble Gauhati high court seeking justice but the Hon’ble court found it to be outside their territorial jurisdiction. The said petition was disposed of on withdrawal with liberty to the petitioner to approach before the appropriate forum vide order dated 21-02-2013.
Adv k . mahesh
(Expert) 29 March 2013
you should have enquired in which NDA air force in the high court normally if it is under central government means it comes under central administrative tribunal
V R SHROFF
(Expert) 29 March 2013
It is to discourage repeated Queries
"Excuse me mr shroff.. Did u answer d earlier one?? Shud hv answrd at least dat bfore markng it a repeatd query.."
Sudhir Kumar, Advocate
(Expert) 29 March 2013
Not high court. It is the AFT where the case can be filed.
Cause of action has taken place in Delhi, so the jurisdiction will be at Principal Bench, RK Puram New Delhi
Sudhir Kumar, Advocate
(Expert) 29 March 2013
Even if Mr Shroff has not replied earlier query still being a senior member he is justified to highlight that the query is repeated.
Mukul
(Querist) 30 March 2013
Thank you.. And m sori fr repeatd query. It ws nt intentional
Raj Kumar Makkad
(Expert) 08 April 2013
Already posted query should not be posted again may any specific lawyer/experts attended it or not.
