A Division Bench of Punjab and Haryana High Court upheld a single-judge bench’s decision asking military authorities to conduct a medical re-examination of a Navy aspirant who was declared medically unfit because of one testicle. The bench observed that there is nothing on record that an Indian Navy aspirant, who had one testicle, would not be able to serve in the forces.
The bench recently passed these orders while rejecting the petition filed by the Centre government.
“There is nothing on record to show that the same disability (one testicle) is such of that kind which would come in his way for serving the Indian Navy. Neither the said order shows that by virtue of that genetic defect as such, the writ petitioner would not be in a position to serve the Indian Navy,” said Justice G S Sandhawalia and Justice Vikas Suri.
In the instant case, the petitioner, who is a resident of Haryana’s Sonipat district, had applied for the post of Artificer Apprentice in the Navy. However, he was declared medically unfit citing the grounds that he had a single testicle.