In LPA-690-2020 (O&M)-PUNJ HC- P&H HC dismisses appeal against order directing re-examination of Indian Navy aspirant declared unfit on account of having single testicle, says there is nothing to show that such disability would come in way of serving Navy Justices G. S. Sandhawalia & Vikas Puri [23-05-2022]

Read Order: Union of India and Others v. Neeraj Mor

Monika Rahar

Chandigarh, June 15, 2022: While dismissing an appeal preferred by Union of India against an order of the Single Judge Bench directing constitution of a medical board and re-examination of an Indian Navy aspirant who was declared medically unfit on account of having a single testicle, the High Court of Punjab and Haryana has held that there was nothing on record to show that the same disability was of such a kind which would come in his way for serving the Indian Navy. 

The Bench of Justices G. S. Sandhawalia and Vikas Puri further held, “Neither the said order shows that by virtue of that genetic defect as such, the writ petitioner would not be in a position to serve the Indian Navy.”

Essentially, in this case, the respondent filed a writ petition challenging the February 2020 order whereby he was found unfit for enrolment in the Navy during the medical examination by the Enrolment Medical Officer as well as by the Classified Specialist on the ground of having a single testicle. 

The Single Judge Bench, in response to the Writ Petition, directed the conduct of a fresh medical examination of the respondent by constituting a Medical Board either at All India Institute of Medical Sciences or Command Hospital Hissar or PGIMER, Chandigarh or at the Army Hospital Research and Referral Institute or any other institute. Also, the Bench held that in case the Medical Board finds the respondent medically fit, he (respondent) would be entitled to his earlier selection and be deputed for training, in accordance with law.

This order of the Single Judge Bench was under challenge in the instant appeal preferred before the Division Bench by the Union of India. 

The Division Bench observed at the very outset that there was nothing on record to show that the same disability was of such a kind which would come in his way for serving the Indian Navy. 

The Bench further added that neither the said order showed that by virtue of that genetic defect as such, the writ petitioner would not be in a position to serve the Indian Navy. 

Therefore, the directions passed by the Single Judge were not found by the Division Bench to be suffering from any illegality. 

Also, the Bench noted that after the passage of the order declaring the respondent unfit, he also got his operation and it was found that it was a case of undescended testes on the right side and the surgery of Orchiopexy was successful by which the said testicle was moved into the scrotum.

Thus, in light of such circumstances, the Court was of the considered opinion that the Single Judge was justified as such in ordering the re-examination by the Medical Board and the Bench held that no prejudice was caused to the Union of India.

Hence, the appeal was dismissed.