Paridhi Arya
Published on June 8, 2022 at 18:36 IST
The Division Bench Justice GS Sandhawalia and Justice Vikas Suri upheld the order passed by Single Judge Bench stating that there is no illegality in the order.
The Division Bench observed that for having one testicle cannot be the ground for declaring the candidate unfit for enrollment in the Indian Navy.
“There is nothing on record to show that the same disability is such of that kind which would come in his way for serving the Indian Navy,” the Court recorded.
The respondent is a resident of Sonipat district, Haryana. He filled the form for the post of Artificer Apprentice in Indian Navy.
When medical examination of the respondent conducted it was found out that he is having only one testicle because of which medical officer and classified specialist declared him unfit to be enrolled in Navy.
Respondent brought the issue in the Court and Single Judge Bench directed that again medical examination of the respondent will be done by forming Medical Board either at AIIMS, the Army Hospital Research and Referral, Command Hospital or any other institution.
The Court further directed in case petitioner found medically fit that he will be deputed for training.
After rejection, respondent operated and his Orchiopexy surgery got successful. This surgery is done to place the undescended testes at the right place.
The Court dismissed the appeal filed by Union government and directed that within three months process should be completed.
“In such circumstances, we are of the considered opinion that the learned Single Judge was justified as such in ordering the re-examination by the Medical Board and no prejudice has been caused to the Union of India“, it was held.
