From:The Irish Independent
Thursday, 20th November, 2003
A DECISION to discharge a young woman from the Naval Service because she is a coeliac was upheld by the Supreme Court yesterday when it reversed a High Court decision in her favour.
Maria Fitzgerald (22) of Loretto Park, Friar's Walk, Cork enlisted in July, 1999 having undergone a medical assessment. She had 158 days training and attained the highest gradings in relation to military fitness, vision and hearing.
Soon after enlisting, she was suffering from a persistent respiratory tract infection and admitted to hospital. The coeliac diagnosis was confirmed in October, 1999.
Instruction No 4 of the Director, Medical Corps (DMC) stated that personnel requiring gluten free diets should not be graded higher that "Constitution 3". In order to pass out, a recruit would have to have a grade of at least 2.
The board classified Ms Fitzgerald accordingly and recommended that she "not be finally approved".
She was discharged from the Naval Service but otherwise qualified for approval as she had successfully completed all other elements of her training.
In the Supreme Court yesterday, Mr Justice Fennelly said the decision to discharge Ms Fitzgerald was "not irrational".
Thursday, 20th November, 2003
A DECISION to discharge a young woman from the Naval Service because she is a coeliac was upheld by the Supreme Court yesterday when it reversed a High Court decision in her favour.
Maria Fitzgerald (22) of Loretto Park, Friar's Walk, Cork enlisted in July, 1999 having undergone a medical assessment. She had 158 days training and attained the highest gradings in relation to military fitness, vision and hearing.
Soon after enlisting, she was suffering from a persistent respiratory tract infection and admitted to hospital. The coeliac diagnosis was confirmed in October, 1999.
Instruction No 4 of the Director, Medical Corps (DMC) stated that personnel requiring gluten free diets should not be graded higher that "Constitution 3". In order to pass out, a recruit would have to have a grade of at least 2.
The board classified Ms Fitzgerald accordingly and recommended that she "not be finally approved".
She was discharged from the Naval Service but otherwise qualified for approval as she had successfully completed all other elements of her training.
In the Supreme Court yesterday, Mr Justice Fennelly said the decision to discharge Ms Fitzgerald was "not irrational".
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