Press Esc to close
Friday 29 April 2016
News updated at 5:36 PM IST
Weather
Max: 36.7°C
Min : 24.5°C
In Bengaluru
Sunny day

Armed forces lose a battle, to a doctor

Subhash Chandra N S, Bangalore, Nov 25, 2012, DHNS:
Image for representation only

After training a woman doctor at the Air Force Command Hospital here early last decade, the Indian Air Force refused to employ her on the grounds that she was “obese”, and six years later demanded that she reimburse the cost of the training.

An exasperated Dr Rashmi Manjunath approached the Karnataka High Court, which has rejected the IAF’s demand.

Little did the 34-year-old doctor, who took up a post-graduate course at the Hospital after campus selection by the Armed Forces Medical Services (FMS) expect that her selection for a course at the Command Hospital in the early 2000s to fulfil her life’s ambition of serving the armed forced would get her rejected and land her in a decade-long litigation.

Dr Manjunath was selected for a course conducted by the AFMS in different branches of medicine at the designated defence hospitals to train specialist medical officers. She underwent training in diploma in dermatology venerology and leprosy at the Command Hospital, affiliated to the Rajiv Gandhi University of Health Sciences, in 2003. She completed the course in 2005 and was to serve the armed forces for five years (Short Service Commission) as per a Rs 5-lakh surety bond she executed on October 22, 2002.

However, after completion of her course, the doctor underwent two medical tests and was declared unfit owing to obesity. Hence, she was not commissioned.

She got a second blow in the form of a notice from the Union Government to pay the security amount of Rs 5 lakh along with interest of 12 per cent per annum in 2008 with a summons to appear before the court following a petition by the Centre. In the trial court, she submitted that she was ready to join the services.

However, she had been barred by the test declaring her medically unfit. And she was not even offered the Short Service Commission.

However, the court allowed the petition by the Union Government and directed the doctor to pay penalty.

Dr Manjunath then moved the High Court where she contended that the IAF’s demand for payment of the security bond would have applied if she had refused to join the armed forces after she was declared fit or when she was issued an order commissioning her.

Justice A S Bopanna, who heard the matter, allowed the appeal and set aside the order demanding the payment of penalty. He observed: “When the document produced by the plaintiff does not establish the case and the document itself indicates that the plaintiff, contrary to the security bond, has issued the notice and demanded the damages, the defendant is not liable to pay.”

He directed the registry to refund 25 per cent of the amount deposited by Dr Rashmi Manjunath before appealing before the High Court. The court also observed that the lower court was not justified in granting the decree in favour of the hospital.


Go to Top

Photo Gallery
ISRO's PSLV-C33 carrying India's navigation satellite, the IRNSS-1G lifts off successfully...

ISRO's PSLV-C33 carrying India's navigation satellite, the IRNSS-1G lifts off successfully...

Pranab Mukherjee with Grand Chief Sir Michael Ogio, GCL, GCMG, KSt. J., GG of Papua New Guinea...

Pranab Mukherjee with Grand Chief Sir Michael Ogio, GCL, GCMG, KSt. J., GG of Papua New Guinea...

A man takes a photo of the mummified body of revered Buddhist monk Fu Hou in Quanzhou city...

A man takes a photo of the mummified body of revered Buddhist monk Fu Hou in Quanzhou city...

A farmer walk with a calf on parched lake bed at drought-hit Hukunda near Chikmagalur...

A farmer walk with a calf on parched lake bed at drought-hit Hukunda near Chikmagalur...

Visitors taking selfie with Apple at ‘Apple exhibition cum sales mela’ organised by HOPCOMS...

Visitors taking selfie with Apple at ‘Apple exhibition cum sales mela’ organised by HOPCOMS...

A visitor takes photos of a BMW 328, produced from 1936 to 1940, on display at GUM...

A visitor takes photos of a BMW 328, produced from 1936 to 1940, on display at GUM...

In this photo taken with a fish-eye lens, Volkswagen cars are presented to media...

In this photo taken with a fish-eye lens, Volkswagen cars are presented to media...

The London Eye, in central London, is illuminated in the colours of the Brazilian flag...

The London Eye, in central London, is illuminated in the colours of the Brazilian flag...

A pair of ducks in river Brahmaputra in Guwahati...

A pair of ducks in river Brahmaputra in Guwahati...

A 23-day-old hamadryas baboon plays with a stuffed toy at Sri Chamarajendra Zoological Gardens...

A 23-day-old hamadryas baboon plays with a stuffed toy at Sri Chamarajendra Zoological Gardens...