Findings of medical categorisation board cannot be displaced by release medical body as their roles are different, rules Armed Forces Tribunal

Vijay Mohan

Chandigarh, August 2
The Armed Forces Tribunal (AFT) has held that the findings of a Medical Categorisation Board (MCB) cannot be displaced by a Release Medical Board (RMB) as both perform different functions under different circumstances.

MCB is held to determine the level of physical and medical fitness of an individual and place him/her in the appropriate medical category during service, which has an implication on a person’s employability and future promotions, while RMB is held at the time of leaving service to assess the individual’s medical condition.

A soldier placed in permanent low medical category since 2014 on account of asthma was ordered to be discharged from service in June 2023. RMB found that he did not suffer from any impairment and accordingly made a representation that he be retained in service, which was rejected.

In his petition before AFT, he contended that once it has been found by the medical authorities that he does not suffer from any impairment, there was no hindrance in retaining him in service.

The AFT’s Bench, comprising Justice Sudhir Mittal and administrative member Rasika Chaube, observed that there was no dispute that the petitioner was in a permanent low medical category, and after his medical category was downgraded in 2014, he had been subjected to periodic re-categorisation by the medical board.

“The RMB’s finding that he does not suffer from any impairment is based on the physical condition at the time of examination, however, same cannot prevail over the findings of MCB. This is because RMB and MCB perform different functions and different parameters are taken into consideration by each of them,” the Bench said.

The Bench also observed that physical impairment is dependent on environmental conditions. When experiencing adverse environmental conditions, a patient is likely to exhibit symptoms.

Accordingly, even if the petitioner was found to be fit at the time of RMB, it does not imply that the medical category had been upgraded. Thus, even if RMB is taken into consideration, it would not result in displacing MCB,” the Bench ruled.