PRATAP SINGH PUNDIR Vs. UOI
LAWS(DLH)-2007-8-202
HIGH COURT OF DELHI
Decided on August 07,2007

PRATAP SINGH PUNDIR Appellant
VERSUS
UOI Respondents

JUDGEMENT

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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