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R Archith Sai vs Union Of India And Ors on 1 July, 2025

Author: C. Hari Shankar

Bench: C. Hari Shankar

                  $~6
                  *         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

                                                          ORDER

% 01.07.2025 W.P.(C) 8697/2025 & CM APPL. 37260/2025 (for direction)

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 process and is recovering.

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 W.P.(C) 8697/2025 Page 1 of 3 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 21:54:52 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. Any abdominal wall hernia is unfit. A candidate with a well-healed surgical scar, after 06 months of either open or laparoscopic repair (Anterior Abdominal wall hernia-24 weeks), is considered fit provided there is no evidence of recurrence and the abdominal wall musculature is good."

5. Mr. Kakkar is directed to place the aforesaid instructions on record under cover of an appropriate index.

6. Mr. Kakkar submits that, therefore, the petitioner is entitled to be re-examined to determine his suitability for the NDA.

7. Mr. Haseeb, learned CGSC, who is present in Court, has, at our request, graciously agreed to appear.

8. Mr. Haseeb prays that the matter may be re-notified on 2 July 2025 so that he could take instructions in the matter.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 21:54:52

9. Accordingly, re-notify on 2 July 2025.

C. HARI SHANKAR, J.

AJAY DIGPAUL, J.

JULY 1, 2025 dsn Click here to check corrigendum, if any W.P.(C) 8697/2025 Page 3 of 3 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 21:54:52