Delhi High Court Orders Re-examination of Candidate Disqualified from Agniveervayu Recruitment Due to Abnormal Liver Function.

Headnote:

The Delhi High Court directed a re-examination of Shivam Pal, a candidate disqualified from the Agniveervayu Intake 01/2026 recruitment on the ground of “deranged liver function.” The Court held that mere abnormal liver function tests cannot be a ground for disqualification unless they indicate specific disqualifying liver conditions under Clause 83(b) of the Manual of Medical Examinations and Medical Boards issued by the Chief of the Air Staff. The Court ordered a fresh evaluation by a competent hepatologist/gastroenterologist at the Army Research and Referral Hospital (R&R Hospital), emphasizing adherence to the official medical fitness standards.

Background:

• The petitioner, Shivam Pal, was declared medically unfit for the Agniveervayu Intake 01/2026 due to alleged deranged liver function.

• The petitioner’s counsel, Mr. Tushar Swami, argued that the medical standards prescribed in the Manual of Medical Examinations and Medical Boards do not treat abnormal liver function tests as a standalone disqualification.

• Reliance was placed on the Delhi High Court’s earlier judgment dated 21 August 2025 in Thakur Sarthk Ajeet Singh v. Union of India (W.P.(C) 5475/2025), where similar issues were adjudicated.

• The petitioner pointed out that Clause 83(b) of the Manual specifies only certain liver conditions—such as fatty liver Grade II/III, space-occupying lesions, portal hypertension, or calcifications—as grounds for unfitness.

• The respondents, represented by Mr. Dhananjai Rana, CGSC, referred to Para 3.5.3 of the Manual, which outlines investigation procedures for liver diseases, but not specific disqualification criteria.

Court’s Observations:

• The Bench clarified that Para 3.5.3 merely prescribes the procedure for evaluating candidates and does not define medical disqualification standards.

• The governing standards for assessing liver fitness are contained in Clause 83(b), which explicitly lists six disqualifying conditions.

• Therefore, a candidate cannot be rejected solely for abnormal liver function tests unless the findings correspond to one of the enumerated pathological categories.

• The Court found no evidence on record showing that the petitioner’s condition fell within these disqualifying parameters.

Directions Issued:

(i) The petitioner shall be re-examined by a Medical Board constituted by the Army Research and Referral Hospital (R&R Hospital), New Delhi.

(ii) The Medical Superintendent of R&R Hospital shall ensure that the petitioner is examined by a qualified hepatologist/gastroenterologist.

(iii) The petitioner shall appear before the Medical Superintendent on 5 November 2025 at 10:30 AM.

(iv) The Board shall determine whether the petitioner’s medical condition falls under any of the disqualifications enumerated in Clause 83(b) of Section 4 of the Manual.

(v) If the R&R Hospital finds no disabling disqualification, the respondents shall proceed with the petitioner’s selection process accordingly.

(vi) The petitioner undertook to abide by the result of the R&R Hospital’s medical findings.

Legal Provisions Discussed:

• Article 226, Constitution of India – Jurisdiction of High Courts to issue writs.

• Manual of Medical Examinations and Medical Boards, Chief of the Air Staff – Clause 83(b) (Liver conditions) and Para 3.5.3 (Liver disease procedures).

• Principles of Natural Justice – Fair opportunity for review and objective medical assessment.

Outcome:

The writ petition was disposed of with directions for re-examination by the Army R&R Hospital. The Court reaffirmed that abnormal liver test results alone cannot justify medical disqualification unless corroborated by clinical evidence of listed hepatic abnormalities. The decision upholds transparency and fairness in medical evaluation processes for defence recruitment.

Case: Shivam Pal v. Union of India & Ors.

Court: High Court of Delhi at New Delhi

Coram: Hon’ble Mr. Justice C. Hari Shankar and Hon’ble Mr. Justice Om Prakash Shukla

Date of Decision: 31 October 2025

Writ Petition (Civil) No.: 16249 of 2025