PRATAP SINGH PUNDIR Vs. UOI
HIGH COURT OF DELHI
PRATAP SINGH PUNDIR
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VIKRAMAJIT SEN, J. -
(1.) The facts of the case are that the Petitioner appears to have been
recruited by the Respondents after passing the relevant Medical Examination.
Thereafter, on his joining the Training Centre, it was found that he was
suffering from Bilateral Cubitus Valgus. A Medical Examination was carried out
at Landsdawn. He was also subjected to specialized medical tests at the
Military Hospital Roorkee and Military Hospital Dehrudun. The Senior Advisory
Surgeon at Military Hospital, Dehrudun examined the case of the Petitioner and
opined that the Petitioner, who was 21 years of age at that time, was detected
to have Bilateral Cubitus Valgus and, therefore, advised that he was unfit for
service. It was also opined that the Petitioner was likely to develop problems
during his early training, hence, the Petitioner was unfit.
(2.) Learned counsel for the Petitioner has placed reliance on the DSR
Regulations for the Army 1987 Edition with special emphasis on Clause (d) which
reads as follows:-
The medical re-examination immediately on arrival at his unit of recruitment
enrolled by a RO and passed fit by a Recruiting Medical Officer is not
permissible. Only in exceptional cases, where the medical officer in charge of
the case considers it unlikely that a recruit will make an efficient soldier
will be medically boarded out before undergoing training.?
(3.) Reliance has also been placed on Regulation 428 which states that -?As
a general rule men should not be invalided for defects which were present on
enlistment.? Learned counsel for the Petitioner has further emphasized the fact
that the Petitioner has not been granted any Disability Pension.;
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