NEW DELHI: Saurabh Bannerjee, declared unfit after the surgery, denied chance to join as Soldier G.D training despite A.I.I.M.S “Fit” deceleration. Aspirant Saurabh Banerjee a young man who wants to join the Army and he worked day and night in 2016 Banerjee qualifies physically and deemed “Fit” for soldier in Army as G.D. After that he undergoes an ear surgery on may 2017, but due to the police verification delays dispatch, on June 2017 don’t know where he declared “Unfit” by the reason of fact that he has Ear Scar and Tympanoplasty( eardrum repair) and further he goes to A.I.I.M.S declared “Fit” or “Eligible” for the Army recruitment in July 2017, but due to declined from going to pursue his dream to become soldier furthermore he filed the Petition before the High Court Under Article 226.
On the hearing by the Hon’ble High Court there has been delay in police verification which it led to the fresh medical test, and court finds out that questioning on the medical opinion by the Army is not cup of tea for judiciary, And because of the medical standards which army has follow as not same as other civil hospitals. And other contention by the Responded was that A.I.I.M.S opinion only applicable on to routine work, not for a Army Service. And also said that Banerjee was “unfit” so that he hasn’t reapplied for the post making doubt upon his commitment.
Despite AIIMS declaring him “Fit” for civilian work, Saurabh Banerjee’s dream of joining the Army ended abruptly. The Delhi High Court upheld the Army’s “Unfit” status due to Banerjee’s ear surgery scar and stricter military medical standards. Citing the validity of military medical expertise, the court dismissed his petition, leaving Banerjee unable to challenge the “Unfit” declaration and pursue his soldier training.
JUDGMENT NAME:- RAJENDRA SINGH VS UNION OF INDIA & ORS.
Name- Ali Asghar, Jamia Millia Islamia , 2nd year, intern under legal vidhiya.
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