Read Time: 04 minutes

In a case where a candidate was found unfit for enrolment in the Indian Navy because he has only a single testicle, the Punjab and Haryana High Court observed that there was nothing on record to show that the same disability was such of that kind which would come in his way for serving the Indian Navy.

A division bench of Justice GS Sandhawalia and Justice Vikar Suri further observed that such rejection order issued by the Navy did not show that by virtue of that genetic defect the candidate would not be in a position to serve the Indian Navy.

Union of India approached the High Court challenging the single judge bench order directing to conduct a fresh medical examination of the candidate by constituting a Medical Board 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.

The Single judge had added that if found medically fit, the candidate would be given the benefit of his earlier selection and deputed for training, in accordance with law.

Before the single judge bench, the candidate had challenged the order wherein 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.

After the said rejection order was passed, the candidate had also got his operation done 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, while dismissing the Union's appeal, the division bench of the High Court held,

"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."

Case Titile: Union of India vs. X