Single testicle does not make unfit serve in Navy-PB&HR HC

07 May 2024 8:19 AM

By: Admin

D.D:- 23 May,2022

[Union of India v. Neeraj Mor] The Punjab and Haryana High Court recently ruled in [Union of India v. Neeraj Mor] that Single testicle does not make unfit serve in Navy that having a single testicle does not disqualify an individual from service in the Indian Navy.

Therefore, a division bench of the High Court upheld a single-judge order mandating a new medical examination of an Indian Navy applicant who was deemed ineligible for enlistment because he had a single testicle.

The Central government appealed the order, which was heard by a division bench of Justices GS Sandhawalia and Vivek Suri, who found no illegality in the single decision. judge's

"There is nothing in the record to indicate that the same disability would prevent him from serving in the Indian Navy," the court stated.

During the medical examination, the respondent challenged an order issued by both the enrollment medical officer and the classified specialist declaring him unfit for enrollment. The reason for his rejection was that he possessed only one testicle.

A new medical examination of the respondent was ordered to be conducted by constitution of a Medical Board at the All India Institute of Medical Sciences, Command Hospital Hissar, PGIMER Chandigarh, the Army Hospital Research and Referral Institute, or any other institute.

If he was found to be medically fit, he would be given credit for his earlier selection and assigned to training.

The division bench determined that the order declaring him unfit failed to demonstrate why the respondent's genetic defect prevented him from serving in the Indian Navy.

"Under these circumstances, we are of the considered opinion that the learned Single Judge was justified in ordering the re-examination by the Medical Board, and no harm has been done to the Union of India," the court ruled.

Therefore, the appeal was rejected, and the Court ordered that the process be concluded within three months of receiving the order.

The appellants were represented by attorney Anil Chawla, while the respondent was represented by attorney Harish Bhardwaj.

Union of India

V/S

Neeraj Mor