R ARCHITH SAI vs UNION OF INDIA AND ORS

Judgment text excerpt

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8697/2025 & CM APPL. 37260/2025 R ARCHITH SAI .....Petitioner Through: Mr. Ajit Kakkar, Adv. versus UNION OF INDIA AND ORS .....Respondents Through: Mr. Syed Abdul Haseeb, CGSC CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 02.07.2025 C. HARI SHANKAR, J. 1. The petitioner is an aspirant to the Flying Branch of Navy. He was suffering from inguinal hernia. His case is that he was duly operated for the ailment and is under the process of recovery. 2. According to the averments in the writ petition, the recovery normally takes about eight weeks, however, within six weeks of surgery, the petitioner was examined by a medical board and found unfit for appointment. 3. Mr. Kakkar, who appears for the petitioner, submits that the petitioner had filed an appeal to the Appeal Medical Board but that the outcome of the Appeal Medical Board has not been communicated to the petitioner in writing, though he was verbally informed that he was Signature Not Verified Digitally Signed By:AJIT KUMAR W.P.(C) 8697/2025 Page 1 of 3 Signing Date:02.07.2025 18:53:35 cleared on all other counts except the continuance of the inguinal hernia. He submits that this was because sufficient time for recovery from the surgical procedure had not been granted. 4. Mr. Kakkar also draws our attention to a notification issued in connection with the Air Force Common Admission Test (AFCAT- 02/2024) for Flying Branch. He submits, on instructions that these identical instructions apply to the Navy. He has referred us to Clause 20(g) of the said Instructions which reads thus: “20. Gastrointestinal System (g) Hernia. Hernial sites are to be examined for presence of inguinal, epigastric, umbilical and femoral hernia