In Brief
A Brigadier in the Judge Advocate General (JAG) Branch of the Indian Army, with 33 years of service and a SHAPE-2 medical classification (hypertension, unfit for high altitude service), was recommended for promotion to Major General by the apex Selection Board after scoring 94.482 marks (the highest). Though his medical status was known, the Chief of Defence Staff and competent authority approved the promotion. However, the Military Secretary withheld it. The respondent sought relief before the Armed Forces Tribunal, later requesting medical re-examination, which showed improvement to SHAPE-1. The Supreme Court dismissed the Union's appeal, holding that the Selection Board's conscious consideration of the officer's medical fitness for the specific role (headquarters-based JAG duties, not high altitude service) combined with approvals by senior authorities creates a binding decision. The subsequent medical improvement further justified promotion.
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