PUNJAB AND HARYANA: Recently, in the case of Union of India v Neeraj Mor, a single judge bench order directing a fresh medical examination of an Indian Navy aspirant who was found unfit for enrolment on the ground that he had a single testicle.
The Central government had appealed the order which was heard by a division bench headed by Justices GS Sandhawalia and Vikas Suri found no illegality in the order of the single-judge.
“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 challenged an order which was passed by the enrolment medical officer and the classified specialist declared him unfit for enrolment during the medical examination. The reason for his rejection was that he only had one testicle.
The single-judge had directed a fresh medical examination of the respondent which will be conducted by the constitution of a Medical Board at AIIMS or in PGI Chandigarh, or in any other institute.
Court further directed that if he was found medically fit, he would be given the benefit of his earlier selection and deputed for training.
“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.
Therefore, the appeal was dismissed, and the Court directed the process to be completed within a period of three months from receiving the order.
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