The Punjab and Haryana High Court dismissed an appeal against the order of the single judge who had directed to conduct a fresh medical examination of the respondent after he had been found unfit for enrolment in the Navy during the medical examination by the Enrolment Medical Officer as well as by the Classified Specialist. The reason behind his alleged unfitness was that he had a single testicle.

The Division Bench of Justice G.S. Sandhawalia and Justice Vikas Suri held that there was 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.

In this case, the respondent was found unfit for enrolment in the Navy during the medical examination because he had a single testicle. Aggrieved by the rejection, he challenged the same by filing a Writ Petition. The Single judge directed to conduct a fresh medical examination of respondent by constituting a Medical Board at All India Institute of Medical Sciences or Command Hospital Hissar or PGIMER, Chandigarh or at the Army Hospital Research and Referral Institute or any other institute and held that if petitioner is found medically fit, then he would be given the benefit of his earlier selection and deputed for training, in accordance with law.

The order of the Single Judge was challenged before the Division Bench by the official respondents. Advocate Anil Chawla, appeared for the appellants whereas Advocate Harish Bhardwaj, appeared for the respondent.

The Court observed that after being found unfit he got his operation done and it was found to be a case of undescended testes on the right side and the surgery of Orchiopexy was successful by which the said testicle was moved into the scrotum.

The Court held that the directions passed by the learned Single Judge do not suffer from any illegality.

"In such circumstances, we are of the considered opinion that the learned Single Judge was justified as such in ordering the re-examination by the Medical Board and no prejudice has been caused to the Union of India," the court held while dismissing the appeal.

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