Person With Single Testicle Not Unfit To Serve Indian Navy: Punjab & Haryana High Court

Update: 2022-06-14 10:15 GMT
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The Punjab and Haryana High Court has held that having 'single testicle' is not a disability that would render a candidate unfit for serving the Indian Navy. In reference to an order passed by the Centre declaring the Respondent herein unfit for enrolment in the Navy for the reason that he has a single testicle, a bench comprising Justice G.S. Sandhawalia and Justice Vikas Suri observed,"There...

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The Punjab and Haryana High Court has held that having 'single testicle' is not a disability that would render a candidate unfit for serving the Indian Navy. 

In reference to an order passed by the Centre declaring the Respondent herein unfit for enrolment in the Navy for the reason that he has a single testicle, a bench comprising Justice G.S. Sandhawalia and Justice Vikas Suri observed,

"There is nothing on record to show that the same disability 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."

The Court was dealing with an appeal preferred by the Union of India against the order of Single Judge directing a fresh medical examination of respondent by constituting a Medical Board to give the benefit of his earlier selection if found medically fit.

It observed that the directions passed by the Single Judge do not suffer from any illegality

Significantly, the Respondent had got his operation done, it was found that it was a case of undescended testes on the right side and his surgery of Orchiopexy was successful by which the said testicle was moved into the scrotum.

On this account also, the Court held that Single Judge was justified in ordering the re-examination by the Medical Board and no prejudice has been caused to the Union of India.

The present appeal was dismissed as misconceived.

Case Title : Union of India and others v. Neeraj Mor

Citation : 2022 LiveLaw (PH) 150

Click Here To Read/Download Order

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