Hearing of 'Suo Moto' Case in Supreme Court of 500 Medically Boarded Out Cadets : Answers by Col IVS Gahlot to 4 Questions of SC Bench to Resolve Issues Permanently

Editor's Note:

On 18 Aug 2025 a bench of the Supreme Court of India heard a 'suo moto' case of 500 medically boarded out cadets of military academies. 4 Questions were raised by the Honourable Judge have sought Answers from concerned Govt authorities to resolve the long pending cases of 500 affected cadets seeking justice individually in various courts across the country who have been left 'high and dry' as they while under training have been treated under military rules and regulations but when medically boarded are neither treated or covered under military rules and regulations nor as civil citizens under the Disabilities Act, 2016 .

The Answers to these 4 Questions by Col IVS Gahlot clearly highlight the technical rules of the entire subject and linked issues and show the way out and forward to resolve the issues permanently and give the much needed speedy justice .

Col Vinay B Dalvi,

Editor ,Mission Victory India ( MVI )

---

Questions & Answers

Q1. Whether, there could be an increase in the medical expenditure payable per month to medically boarded out cadets?

Ans.1.

1. Ex- Gratia Award is being paid to medically boarded (invalidated) out

ex-cadets vide GOI, MOD, New Delhi, letter no. 1(5)/93/D(Pan-c) dated 16/04/1996, provided disabilities is attributable to or aggravated by the conditions of military training . Ex- Gratia Award has two elements / parts:-

a. An Ex-Gratia Award of Rs -375 per month for life to Ex-cadet( as amended time to time).

b. A disability award on Ex. Gratia basis for disability as decided by percentage of disability Rs 600/-month (as amended time to time) on 100% disability.

2. No disability award is paid where degree of disablement is less than 20% or disablement has not been accepted as attributable / aggravated by the condition of military training.

3. Nothing is being paid for medical treatment and expenses on account of rehabilitation of medically invalidated ex-cadets of Armed Forces from training academies.

4. This Ex Gratia Award may be converted in to pension and disability award on Ex – Gratia basis may be considered as disability pension based on percentage of disability awarded by invalidment medical board. This will allow medically boarded out Ex-Cadet from military academies to become eligible for member of ECHS (Ex- Servicemen Contributory Health Scheme). Once ex-cadets become members of ECHS scheme this will look after day to day medical needs and expenditure on treatment including rehabilitation expenses of boarded out cadets.

Cadet’s are being given constant attendance allowance (CAA) OF Rs. 600/month if 100% disable on the recommendation of invalidment medical board provided injury / diseased is attributable / aggravated due to military training.

Q.2. Whether, there could be an insurance coverage for the trainee cadet’s to meet any such contingencies of death or disablement.

Ans.2.

1. Cadets are already covered for any treatment as along as they are not invalidated (boarded out) from military training academy. They are being treated at service hospitals till the time medical authority declare them unfit for military training.

2. After invalidment by medical authorities they are left 'high and dry' to fend for themselves / looked after by their poor parents.

3. There is a scheme namely Ex. Servicemen Contributory Health Scheme (ECHS) looking after retired / released Officers, JCOs and Jawans. One time contribution is paid by ex-servicemen (ESM) at the time of retirement / release / invalidment from service.

4. The same ECHS scheme may treat / look after these poor medically invalidated out Ex-Cadet’s of armed forces of India. To give this facility for these unfortunate medically invalidated Ex-Cadets the honourable court is requested to:-

(a) Issue suitable instructions to Govt. Of India / MoD to consider trainee Cadets of NDA , IMA, OTA and any other training academies to change their 'status' from 'cadets '(military training) to 'probation officers' under training as is being done for other non-military training academies viz. IAS academy , police academy for training of IAS, IPS, IFS, IES ,etc. as is being done under orders of DOPT.

5. With this change of status from 'Cadets' to 'Probationary Officers' these cadets undergoing military training will get service status & Ex Servicemen status if boarded out on medical grounds or otherwise, this will fulfil the first condition of becoming the member of ECHS scheme.

6. Para 7 of GOI, MOD letter no. 1(5)/93/D(Pen-c) new Delhi, dated 16 April 1996 imposes a rider on considering Ex. Gratia Award as pension.

It states “Award under these instructions are being sanctioned purely on Ex-Gratia (out of kindness) basis and the same shall not be treated as pension for any purpose. However, Dearness Relief shall be admissible on the Ex-Gratia Award sanctioned under Para 2 & 3 of these instructions.

7. Now the question is whether, ex-cadets invalidated out on medical disability ground which is attributable / aggravated by military training at academies have 'no rights' under Indian constitution and only be considered / helped by an 'act of kindness' by Govt of India although these poor Ex-cadet’s very much deserve to be treated with full respect, dignity and equality of opportunity under Rights under Persons with Disability Act, 2016.

8. Hence, para 7 of ibid letter be amended accordingly to enable Ex-Gratia Award to be considered as pension for all purposes. The grant of pension instead of Ex-Gratia Award fulfils the second criteria to become member of ECHS Scheme so as to enable these medically boarded Ex-cadet’s to avail medical treatment free of cost as cashless facility.

Q3. Whether, there could be a re-assessment of the injured cadet’s after their treatment has reached a particular stage and thereafter any suitable training could be given to them so that they could be rehabilitated?

Ans. 3.

1. Para 6 of Gov MOD, new Delhi letter No. 1 (5)/93/D(Pen-C) dated 16April 1996,states “other rules and procedure regarding assessment / re-assessment of disablement and acceptable of disability / death as attributable to or aggravated by conditions of military service / training in cases of cadets shall be the same as for regular commissioned officers of the Armed forces. The procedure for sanction and condition for grant of Ex-Gratia Award to the next of kin in case of deceased cadet shall be same as of casualties of regular commissioned officers due to attributable causes”.

2. It is clear from the above Para is that re-assessment of the injured cadet’s after their treatment has reached a particular stage is feasible, but this order is silent on suitable training and further rehabilitation thereafter. Once these cadet’s are invalidated out of academies with unsuitability remarks for training they are left 'high and dry' and on 'God’s Mercy' to be looked after by their poor old parents.

3. At this juncture Rights of Persons with Disability Act 2016 come into effect for their rescue as these cadet’s were never considered to be the part of Armed Forces , otherwise same policy on their rehabilitation would have been planned by the MoD.

4. These medically invalidated / boarded out Ex-cadet’s may be rescued from their dark future if Honourable Supreme Court consider their plight and give them justice to enable them to live a dignified life in free India as granted by the Indian Constitution.

Q4. Further, the Rights of such cadet’s under the Rights of persons with disabilities Act. 2016 could also be examined by the respondents.

Ans.4

1. Medically invalidated cadets of military academies are never considered part of military though they were / are being trained to do the military job of defending the country. Since they are never considered as serving cadets under training or probationary officers under training, they were not given any benefit of serving soldier once medically boarded out.

2. On top of this no one thought of giving them benefit of Rights of Persons with Disabilities Act, 2016 being an Indian citizen. As honourable Indian Citizen these medically boarded out Ex-cadets must be looked after under the Rights of Persons with Disabilities Act, 2016, as Govt of India is signatory to United Nations Convention on the Rights of Persons with Disabilities and for matters connected therewith or incidental thereto.

3. This may be noted that UPSC selected Indian boys and girls of 17-25 years, who are full of patriotism and zeal to serve the nation after becoming Indian Armed forces (Military) officer undergoing military training to discharge his / her duty as on officer to defend their country unfortunately got seriously injured / developed disease which is attributable / aggravated due to rigorous training at academies, and invalidated / medically boarded out stating unfit for further military training is left high & dry to fend for himself / herself mentaly , physically , economically and socially as he/she is not an Indian Citizen. They live in emotionally depressed state and not capable of looking after themselves in most of the cases.

4 . With this background being an Indian Citizen such Ex-cadets should be looked after under & by this Rights of Persons with Disabilities Act 2016 with barrier of being an invalidated out Ex-cadet being removed.

5. To remove this discrimination with civil counterparts ie. Probationary Officers under training of other UPSC qualified young Indian citizens and considering equality in the eyes of Indian Constitution military cadets be given chance of :-

(a) Considering cadets at par with / or be given status of probationary officers under training as is being given to civil services probationers.

(b) These Armed forces officer cadets be considered on duty as is being done for civil services Grade ‘A’. So that their stipend is considered salary.

(c) On their medical invalidation they be considered re-designated as Ex-Probationer officer (Trainee) instead of Ex-Cadets.

(d). They be given / allowed all rights under Rights of Persons with Disabilities Act, viz. equality, non-discrimination, accessibility and equality of opportunity etc.to enable these ex-cadets to live with dignity and honour within society.

Earnest Prayers for Directions from Honourable Supreme Court are:-

1. All cadets of military academies be given status of probationer officers as is being done for other civil services while they undergo training. So that they are considered on duty while on military training and on completion of training their probation should seize and be confirmed as a commissioned officer by amending Army Instruction.

2. So that when they are medically boarded out they are considered as an Ex-Servicemen with all rights enjoyed by an Ex-Servicemen of the Armed forces. This will also remove the discrimination among the UPSC / other commissioned / Board cleared selected young Indian aspiring to become an officer in military.

3. This will also make them eligible to earn pension instead of Ex-Gratia Award and disability pension instead of disability element of Ex-Gratia Award as per percentage of disability attributable / aggravated by condition of military training in military academies.

4. Both these conditions, firstly of Ex-Servicemen status on medical invalidement, and secondly making them entitled to earn pension & disability pension based on percentage of disability will make them eligible to become member or part of ECHS (Ex-Servicemen Contributory Health Scheme). Once these ex-cadet’s become member of ECHS scheme they will be taken care of their medical bills being cashless and capless assurance scheme.

5. Rehabilitation of medically , invalidated / board out Ex- Cadets is also the responsibility of the government. Further instructions may be passed to MOD / DOPT to consider such cadets for alternate training and appointments as an officer in Govt. Of India / Min. of Defence Civil Cadre to enable them to lead a responsible and dignified life despite their disability as they are already selected by UPSC. Rights of Persons with Disabilities Act, 2016 be applicable being an Indian Citizens and to give them equality of opportunity, accessibility by enabling their full and effective participation and inclusion in society.

6. Prevention of serious injuries during military training: Lot of published literature is available dealing with the root causes of injuries, their effects and their prevention & reduction . A series of articles written by expert ,qualified officers have been published during past 15 years on this subject under 5 volumes of Victory India Campaign books and articles published by Mission Victory India ( MVI) defence think tank,magazine, news portal and website operated by Col Vinay B Dalvi.

7.UNIFIED COMMANDERS’ CONFERENCE ( UCC) chaired by the Defence Minister in July 2017 deliberated and decided on the subject of making military physical training more scientific as under :

" With the purpose of making the military physical training even more scientific, a decision to incorporate Sports Medicine in the methodology of training cadets ....was also taken."

-- PIB ,India

"Introduction of Sports Medicine in Physical Training Methodology for Cadets to make Military Training more Scientific " was discussed in UCC Conference at behest of Armed Forces Medical Directorate in July 2017 and direction was given by the Defence Minister for implementation. However ,apparently these haven't yet been implemented thus resulting in continued high number of injuries during military physical training leading to boarding out of cadets . The link to a relevant article on this subject by Col Vinay B Dalvi is given below as relevant reference that highlights the causes for injuries and ways to minimize them and consequently reduce the number of medically boarded out cadets every year !

Relevant References:

1. PDF -Entitlement Rules for Casualty Pensioners

Entitlement Rules for Casualty Pensioners .pdf

Download PDF • 9.42MB

2. PDF - Annexure 3 Scheme for grant of Ex-gratia Award in case of death/Disablement of Cadets (direct) due to causes attributable to or aggravated by Military Training.

Annexure 3.pdf

Download PDF • 4.50MB

3. PDF "Advent of sports medicine in military training "

RTE (PARTH&PKS) The Advent of Sports Medicine by Vinay Dalvi (1) (3).pdf

Download PDF • 636KB

4.PDF "Incorporation of scientific approaches in military training methodology "

RTE (PARTH&PKS) Incorporation of Sports Medicine in Military Training Methodology by Dalvi.

Download • 279KB

---

About the Author

Colonel (Dr) IVS Gahlot, (Retd) is a Bachelor of Medicine, Bachelor of Surgery (MBBS), Doctor of Philosophy (PhD) in Medical Anthropology. He holds post graduate diplomas (PGD) in human rights, hospital administration and a Master of Personnel Management. During his time in the Army Medical Corps, he successfully underwent the Medical Officers Senior Command Course in which he received an Instructor Grading.

Some highlights from his time in service include his appointment as Officer Commanding (OC), Medical, National Cadet Corps (NCC), Allahabad between 1996-2000, CO MH Khadakwasla, Pune; Recruitment Medical Officer (Rtg MO) to the Branch Recruitment Office at Berhampur, Orissa between 1994-96, and lastly as Director Medical (ECHS Scheme) at MoD

He is presently the CEO & Medical Director of 150 bedded Super-Specialty Park Hospital, Faridabad, Haryana and has been responsible for setting-up and running 160 bedded Super-Specialty Hospital at Bhatinda, Punjab.

Colonel (Dr) IVS Gahlot, (Retd) is a Bachelor of Medicine, Bachelor of Surgery (MBBS), Doctor of Philosophy (PhD) in Medical Anthropology. He holds post graduate diplomas (PGD) in human rights, hospital administration and a Master of Personnel Management. During his time in the Army Medical Corps, he successfully underwent the Medical Officers Senior Command Course in which he received an Instructor Grading.

He is presently the CEO & Medical Director of 150 bedded Super-Specialty Park Hospital, Faridabad, Haryana and has been responsible for setting-up and running 160 bedded Super-Specialty Hospital at Bhatinda, Punjab.