Delhi High Court clarifies that mere abnormal liver function tests do not justify disqualification from Agniveervayu or similar Air Force recruitment unless specific medical conditions listed in para 83(b) of the Medical Examinations Manual are met; precedent value is binding for subordinate courts and clarifies application of existing standards.
Summary
| Category | Data |
|---|---|
| Case Name | W.P.(C)/16249/2025 of SHIVAM PAL Vs UNION OF INDIA & ORS. |
| CNR | DLHC010825342025 |
| Date of Registration | 25-10-2025 |
| Decision Date | 31-10-2025 |
| Disposal Nature | Disposed of with direction for re-examination by Medical Board |
| Judgment Author | HON’BLE MR. JUSTICE C. HARI SHANKAR |
| Concurring or Dissenting Judges | HON’BLE MR. JUSTICE OM PRAKASH SHUKLA (concurring) |
| Court | High Court of Delhi |
| Bench | Division Bench – C. Hari Shankar & Om Prakash Shukla |
| Precedent Value | Binding on subordinate courts; clarifies interpretation of medical standards for defense recruitment |
| Overrules / Affirms | Affirms prior judgment in Thakur Sarthk Ajeet Singh v Union of India (21 August 2025, WP (C) 5475/2025) |
| Type of Law | Administrative/Service Law (Defense Recruitment Medical Standards) |
| Questions of Law | Whether mere abnormal liver function tests justify disqualification from defense recruitment in the absence of conditions specified in the Medical Examinations Manual. |
| Ratio Decidendi | The court held that, as per the Medical Examinations and Medical Boards Manual, candidates cannot be disqualified solely on the basis of abnormal liver function tests. Disqualification is justified only if the candidate’s liver condition falls within the specific categories listed under para 83(b) of the Manual, such as fatty liver Grade II/III (and Grade I with abnormal LFTs) and other enumerated conditions. Para 3.5.3 of the Manual deals with procedural aspects and not substantive standards for disqualification. The court thus directed fresh medical evaluation based strictly on the criteria of para 83(b). |
| Judgments Relied Upon | Thakur Sarthk Ajeet Singh v Union of India (Delhi High Court, 21 August 2025, WP(C) 5475/2025) |
| Logic / Jurisprudence / Authorities Relied Upon by the Court | Manual of Medical Examinations and Medical Boards; specifically para 83 (liver diseases), para 3.5.3 (procedures for investigation). |
| Facts as Summarised by the Court | Petitioner was disqualified from Air Force (Agniveervayu) recruitment on the basis of deranged liver function. The applicable medical standards (per the Manual) do not prescribe abnormal LFTs as a ground for automatic disqualification except under certain defined conditions. The court found no evidence that the petitioner fit within those specific categories and directed a new medical assessment. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within Delhi; relevant for administrative and recruitment authorities applying similar medical standards |
| Persuasive For | Other High Courts and tribunals handling defense recruitment medical standards |
| Follows | Thakur Sarthk Ajeet Singh v Union of India (21 August 2025, Delhi High Court, WP(C) 5475/2025) |
What’s New / What Lawyers Should Note
- The Court expressly clarifies that abnormal liver function test results alone are not independently sufficient to disqualify a candidate for Agniveervayu or similar defense recruitments unless the candidate fits specific disqualifying conditions in para 83(b) of the Medical Examinations Manual.
- The procedural guideline in para 3.5.3 does not create new criteria for disqualification; it merely sets investigative processes.
- Advocates can cite this judgment to challenge disqualifications based solely on abnormal liver function results, insisting on strict adherence to enumerated grounds in the Medical Manual.
- The process for appeal or review must include examination by a competent specialist and clear findings regarding the qualifying criteria under para 83(b).
Summary of Legal Reasoning
- The court analyzed both the Medical Examinations and Medical Boards Manual and the arguments presented by both parties regarding medical disqualification standards.
- It extracted the clear standards for fitness/unfitness under para 83 of the Manual, noting that only certain defined liver conditions (such as specific grades of fatty liver, SOL, portal hypertension, etc.) qualify for disqualification.
- It found that para 3.5.3 of the Manual, relied upon by respondents, deals with the investigative process and not the substantive standard for disqualification; thus, it cannot form the sole basis for disqualifying a candidate.
- The court followed its prior judgment in Thakur Sarthk Ajeet Singh v Union of India (2025), thereby reaffirming the clarified interpretation of the Manual.
- Accordingly, the court ordered a fresh medical examination to determine fitness strictly according to the enumerated disqualifications in para 83(b).
Arguments by the Parties
Petitioner
- Disqualification based solely on abnormal liver function tests is contrary to the prescribed medical standards.
- Cited Thakur Sarthk Ajeet Singh v Union of India, where similar standards were interpreted.
- Requested a medical re-examination under the correct interpretation of the guidelines.
Respondents (Union of India & Ors.)
- Relied on para 3.5.3 of the Medical Boards Manual, suggesting that a history or suspicion of liver abnormality warrants rejection unless full clinical recovery is established.
- Asserted that abnormal liver function justified the medical disqualification.
Factual Background
The petitioner, Shivam Pal, was disqualified from applying for Air Force recruitment (Agniveervayu Intake 01/2026) due to deranged liver function. The applicable standards in the Medical Examinations and Medical Boards Manual were examined, revealing that only certain enumerated liver conditions expressly disqualify a candidate. The petitioner’s disqualification was not shown to fit any of those categories, prompting the High Court to direct a fresh medical assessment.
Statutory Analysis
The Court analyzed the Medical Examinations and Medical Boards Manual, particularly:
- Para 83: Specifies the liver conditions that disqualify candidates (fatty liver of particular grades, space-occupying lesions, portal hypertension, etc.).
- Para 3.5.3: Outlines procedural steps for candidates with suspected liver disease but does not establish substantive grounds for disqualification.
No statutory law or constitutional provision was interpreted; analysis was confined to the Manual’s text.
Dissenting / Concurring Opinion Summary
No dissenting or separate concurring opinion was authored; both judges concurred in the outcome and reasoning.
Procedural Innovations
- The Court directed that a medical re-examination be conducted by a Board at the Army Research and Referral Hospital, specifically by a competent hepatologist/gastroenterologist.
Alert Indicators
- ✔ Precedent Followed – The judgment clarifies and reaffirms existing law per the court’s earlier decision in Thakur Sarthk Ajeet Singh v Union of India (2025).