LAWS(P&H)-2019-10-209

HARTEJ SINGH Vs. UNION OF INDIA

Decided On October 15, 2019
HARTEJ SINGH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Inter alia, issuance of a writ in the nature of certiorari has been sought herein to quash review medical certificate (Annexure P-2), whereby petitioner has been declared medically unfit for the post of Sailor in Indian Navy.

(2.) Petitioner was a participant to the post of Sailor in Indian Navy pursuant to advertisement published in November, 2014. He states that he had cleared all the tests but at the time of medical fitness test, he was declared unfit by the Medical Officer at Military Hospital, Jalandhar on account of medical condition known as Hydrocele (RT). Subsequently, in a review Medical conducted by the Board of three specialist Medical Officers, the petitioner was again found unfit on account of the same diagnosis i.e. Hydrocele (RT). The petitioner states that he had got himself examined from the Government hospital at Government Medical College, Amritsar as well as from Guru Nanak Dev Hospital, Amritsar. The doctors there opined that he does not suffer from Hydrocele (RT) as per medical certificates contained at Annexure P-3 colly. Hence, the present writ petition.

(3.) In the reply filed on behalf of the respondents, dismissal of the petition has been sought on the ground that the petitioner has rightly been declared medically unfit and in any case, the same is temporary unfitness and does not bar him permanently to apply for the said post in future.