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Union of India & Ors. vs Brigadier Javed Iqbal

Civil Appeal · 2022 INSC 580Decided 17 May 2022
Civil Appeal No. 2560 of 2022
Indira Banerjee · A.S. Bopanna

Background

Brigadier Javed Iqbal, a 33-year Judge Advocate General (JAG) branch officer, was recommended for promotion to Major General by the Army's No.1 Selection Board in October 2020 after scoring the highest marks (94.482) among candidates, despite being in a "SHAPE-2" low medical category for hypertension. The Chief of Defence Staff queried and then cleared his medical status before the competent authority approved the promotion, but the Military Secretary raised objections, and the promotion benefit was never actually granted, prompting the officer to approach the Armed Forces Tribunal (AFT), which ruled in his favour and ordered the promotion implemented with effect from the declassification date. The Union of India appealed to the Supreme Court against the AFT's order.

Decision Breakdown

The Supreme Court held that under Regulation 67(b) of the Defence Service Regulations, an officer in SHAPE-2 medical category is not automatically barred from promotion: such an officer can still be considered if a Medical Board finds him capable of performing the normal duties of the higher rank, and the Selection Board is required to weigh both medical classification and employability in the specific role. Since the officer's only medical limitation concerned high-altitude postings (above 9000 feet) and his JAG duties were primarily headquarters-based, and since the Selection Board, the Chief of Defence Staff, and the competent authority had all consciously reviewed his medical records before clearing him, the Court found the Military Secretary's repeated objections unjustified. It also noted that a subsequent Medical Board (in September 2021) had upgraded the officer's category to SHAPE-1 after his blood pressure was found controlled, further supporting that there was no valid ground for interference, and the appeal was dismissed with the AFT's order to stand and be implemented forthwith.

Lesson Learnt

In service promotion matters involving borderline medical fitness, courts will defer to a properly constituted Selection Board's considered judgment (which weighs medical classification against the actual duties and employability of the post) rather than allow a single reviewing authority to override that decision on medical grounds alone, especially where the medical concern is job-specific and not a general incapacity.

Official source (sci.gov.in)View Judgment (PDF)

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