Lt Col Samarkant Sharma v. Union of India & Anr.

3. He further submitted that the selection of officers for ‘Foreign (oral)

1. Pursuant to order dated 18.07.2022, the learned counsel for the respondents submitted that with regard to the Memorandum of Understanding (MoU), the medical standards required for UN Peace Keeping Mission are enumerated in the United Nations Department Peacekeeping Operations guidelines of Operational Readiness Preparation For Troop Contributing Countries In Peacekeeping Missions and the Generic Guidelines For Troop Contributing Countries Deploying Military Units To The United Nations Peace Keeping Missions.

2. As per the said guidelines, all military personnel should be able to successfully perform the national physical efficiency test in relation to his/her age, according to the Troop Contributing Countries regulation. 2022:DHC:2836-DB Assignments’, which includes UN assignments, diplomatic assignments, training teams abroad and foreign courses are guided by the MS Branch policy No. 04526/ MS Policy dated 26.06.2018. Clause 9 of the said policy mandates that the acceptable Medical Category for both UN Assignments and other Foreign Assignments SHAPE-1 (without COPE restrictions).

4. The aforesaid policy is uniformly applicable to all similarly placed officers and no exception whatsoever has been granted till date in the case of nomination so far. Accordingly, the policy for selection of officers on Foreign Assignments have already been adhered to while carrying out selection of officers to proceed with 8 Bihar to UN Mission, South Sudan.

5. He further relied upon the definition of ‘physical conditions’ contained in Part 3 of the Generic Guidelines For Troop Contributing Countries Deploying Military Units to The United Nations Peace Keeping Missions, which is reproduced as under: “3.[2] Physical Conditions

161. Physical Conditions The following conditions are generally considered as precluding service in peacekeeping areas, but must be carefully assessed on an individual basis, taking into account the severity of the condition and the particular area for which the member is being examined. a. Hypertension requiring medication; b. Diabetes Mellitus requiring medication; c. Any konown heart disease; d. Any chronic illness requiring regular medication(s); e. Any immune-compromised condition, including AIDS; f. Known allergy to or intolerance of anti-malarial medication; g. Past history of alcohol dependence or psychiatric disease.”

6. Further the United Nations procedures for medical examination and medical clearance of Medical Support Manual For United Nations Field Missions is reproduced as under:- “Peacekeeping environments are hazardous, high-risk work environments. Harsh environmental conditions, combined with a risk of accident or injuries due to hostile actions, mean that peacekeepers must be in very good medical condition. The purpose of medical examination and clearance is to ensure that peacekeepers meet all the United Nations-mandated pre-deployment standards, failing which they shall not deploy..........”

7. As the petitioner is admittedly in SHAPE-II permanent category and the case of the petitioner is not covered under either Clause 9 of the MS Branch policy No. 04526/ MS Policy dated 26.06.2018 or the two stipulations applicable to all countries mentioned in para 5 and 6 hereinabove and as the petitioner has failed to point out any exceptions made by the respondents till date to the SHAPE-II category or by any other country, we find no ground in the present petition and the same is accordingly dismissed.

8. Needless to mention the stay of the posting order issued by the Army Headquarters, New Delhi vide Signal dated 11.02.2022 granted by this Court vide order dated 11.03.2022 stands vacated. Accordingly, the respondents are directed to pass a fresh posting order qua the petitioner.

SURESH KUMAR KAIT, J SAURABH BANERJEE, J JULY 27, 2022