Medical fitness for promotion cannot override approved selection when service rules permit promotion subject to employability assessment.

Service rules permitting promotion subject to medical fitness allowed consideration of an officer who was not in the highest medical category, so long as he could perform normal active duties and the condition was not likely to be aggravated by service. The selection board knew the officer's medical status, recommended promotion, and the competent higher authorities approved that recommendation. In light of that conscious assessment and the medical experts' later upgrade of the officer's status, a subsequent medical objection could not override the earlier approvals. The court also declined to reappraise the medical opinion as a medical expert would. The promotion denial was unjustified and the tribunal's direction granting promotion with consequential benefits was left undisturbed.

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Issues: Whether the respondent's promotion could be denied on the ground of medical category despite selection board recommendation and subsequent approval, and whether the courts should interfere with the armed forces authorities' assessment of medical fitness for promotion.

Analysis: Regulation 67(b) of the Regulations for the Army permits consideration for substantive promotion even where the officer is not in the highest medical classification, provided the officer is capable of performing the normal active service duties of the rank and the Medical Board is of the opinion that the condition is not likely to be aggravated by service. The respondent's case was considered by the No. 1 Selection Board with full knowledge of his medical status and the restrictions arising from it, and the Board nonetheless recommended him for promotion. The matter was thereafter examined at higher levels, including the Chief of Defence Staff and the competent authority, who approved the recommendation. The medical material also showed that the respondent's condition had improved and that the competent medical experts had upgraded him to SHAPE-I. In such circumstances, the medical objection raised by the Military Secretary could not prevail over the conscious decisions already taken by the competent selection and approval authorities. The Court also declined to reappraise the medical opinion as a medical expert would.

Conclusion: The denial of promotion was not justified, and the respondent was entitled to the benefit of the promotion order as directed by the Tribunal.

Final Conclusion: The appeal failed and the Tribunal's direction granting promotion with consequential benefits was left undisturbed.

Ratio Decidendi: Where the applicable service rules permit promotion subject to medical fitness, and the selection and competent authorities have consciously considered the officer's medical category and employability and still approved promotion, the promotion cannot be refused on a subsequently reiterated medical objection absent a clear legal bar.

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