High Court of Punjab and HaryanaCWP/23123/2021disposed of

Rishi v. Union Of India And ANR

2025-03-03Mr. Justice Vinod S. Bhardwaj2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 104+232 CM-2611-CWP-2025 in/and CWP-23123-2021 Date of decision: 03.03.2025 RISHI .........Petitioner

VERSUS

UNION OF INDIA AND ANOTHER ........Respondents CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ ***** Present:- Mr. Arvind Pal Singh, Advocate for the petitioner.

Mr. Anil Chawla, Senior Panel Counsel for the applicant-respondents-Union of India. ***** VINOD S. BHARDWAJ , J. (Oral) CM-2611-CWP-2025 For the reasons mentioned in the application, the same is allowed and short additional reply in view of the subsequent events are taken on record as Annexure R-4 and R-5.

CWP-23123-2021 Challenge in the present writ petition is to the order dated 15.11.2019 whereby the petitioner have been declared medically unfit on account of partially/undescended testis.

Learned counsel appearing on behalf of the petitioner places reliance on the Division Bench judgment of this Court passed in

CM-2611-CWP-2025 in/and CWP-23123-2021 -2LPA no. 690 of 2020 on 23.05.2022 titled as "Union of India and others versus Neeraj Mor" wherein it was held that there is no medical record to show that a man who have single testicle is medically unfit or cannot discharge the duties as a Naval man. He submits that even though on account of introduction of Agni Veer Scheme, the claim of the petitioner has been rendered infructuous, however, the only grievance which survives is that the aforesaid order might stand in the way of future employment of the petitioner.

Considering the Division Bench Judgment as also the plea made by the petitioner herein, the present writ petition is disposed of is having been rendered infructuous at this stage. It is made clear that the said medical certificate issued shall, however, not be a disqualification for consideration of the petitioner in any further employment. All the pending miscellaneous application(s), if any, are also disposed of.

(VINOD S. BHARDWAJ) JUDGE MARCH 03, 2025 Vishal sharma Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No