Dismissed

Satish v. Union of India & Ors.

Delhi HC13 May 2016W.P.(C)/2898/2016

Case brief

AI extract

What is this about?

The petitioner challenged an order declaring him unfit to become a Sailor in the Indian Navy due to hyperhidrosis. The Court dismissed the petition, holding that the military fitness standards rest within the respondents' discretion and that medical records indicated no active symptoms affecting duty performance.

What did the court decide?

The writ petition filed for quashing the order declaring the petitioner unfit for appointment as a Sailor in the Indian Navy is dismissed.

Satish Vs Union of India & Ors. — Service and Employment | Delhi HC (2016)

¶1

$~2

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 2898/2016

¶4

SATISH ..... Petitioner Through : Mr. Ajit Kakkar, Advocate

¶5

versus

¶6

UNION OF INDIA & ORS ..... Respondents Through : Ms. Amrita Prakash, Advocate Advocate with Surgeon Commander Anand Neelakantan and Lt. Vikrant Singh.

¶7

CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SUNIL GAUR

¶8

O R D E R % 13.05.2016

¶9

The present petition has been filed by the petitioner praying inter alia for quashing the order dated 19.2.2016 passed by the respondent/Indian Navy declaring him unfit for appointment to the post of Sailor on the ground that he is suffering from “ hyperhidrosis” .

¶10

Counsel for the petitioner submits that after the petitioner’s candidature was turned down by the respondents, he had approached a Senior Specialist, Department of Skin & STD, Safdarjung Hospital, Delhi, who has given a diagnosis on 4.3.2016 to the effect that the petitioner had been examined for “ hyperhidrosis”, but at the time of his examination, there was no evidence of the said condition.

¶11

¶12

Learned counsel for the respondents states, on instructions, that the condition of “ hyperhidrosis” in layman’s language means a condition where the palms and soles of the feet suffer from excessive sweating on account of a sympathetic nervous condition. She submits that the nature of the job of a Sailor, as entailed in the Indian Navy, would require him to be mainly posted at coastal areas where the weather is ordinarily hot, humid and balmy, which would impede the petitioner from discharging his day to day duties.

¶13

Having regard to the exigencies of service prescribed for a Sailor in the Indian Navy and the submission of the counsel for the respondents that this is not an ailment of a nature which could be overlooked to recruit the petitioner, we are of the opinion that the petitioner’s physical condition, as detailed in the records handed over by the counsel for the respondents for our perusal and also confirmed during the petitioner’s provisional diagnosis by the Surgeon Commander, Surgical Specialist, does not entitle him to any relief. The parameters of fitness and the required standards for appointment of a candidate in the Forces, has to be left to the discretion of the respondents.

¶14

In any event, the report relied on by learned counsel for the petitioner specifically states that at the time of his examination, the petitioner was not suffering from sweating in the palms, which report is of the month of March, 2016 when the weather condition in Delhi are more conducive vis-a-vis the places where the petitioner would be required to be posted for discharging his duties, that are mostly situated in coastal areas.

¶15

¶16

Taking into consideration the nature of the petitioner’s diagnosis which reveals that he suffers from excessive sweating in his palms and soles, we are of the opinion that he is not entitled to any relief. Accordingly, the writ petition is dismissed.

¶17

HIMA KOHLI, J
SUNIL GAUR, J
MAY 13, 2016
sk

¶18

Satish v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

Satish v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Umesh Ray Vs Union of India & Ors.

Jaidal Singh Rawat Vs Food Corporation of India & or

Mohd. Salim Vs New Delhi Municipal Council & Ors.

Devender Singh Vs New Delhi Municipal Council

Media Content & Communication Services (India) Pvt. Ltd. Vs Union of India & Ors.

Manmohan Singh Vs Delhi Development Authority & Ors.

Abha Gupta Vs Dy. Commissioner of Income Tax

Priya Desh Gupta Vs Dy. Commisioner of Income Tax

Umesh Ray Vs Union of India & Ors.

Insp/Gd Bidyadhar Behra & Ors. Vs Union of India & Anr.

Shambu Dayal Vs Union of India and Anr.

Vicky Vs Union of India and Ors.

Deepak Vohra Vs Union of India & Ors.

Lt. Col Ar Harish & Anr. Vs Union of India & Ors.