The Punjab and Haryana High Court has dismissed an appeal filed by an Agniveer, Gourav from Karnal, challenging his discharge from service due to a pre-existing scar on his left leg.
The court upheld the decision of the Armed Forces Tribunal (AFT), which had previously supported the Army's decision to discharge Gourav within three months of his training.
The bench, comprising Justice Sudhir Singh and Justice Karamjit Singh, stated that the scar was present before Gourav's enrollment as an Agniveer and was not attributable to or aggravated by military service. They also rejected his claim for compensation, stating that the disability was not caused or worsened during his service.
Gourav had passed the physical test and was declared medically fit during his recruitment process. However, upon reporting for training, a large scar was noticed on his left leg, leading to a referral for expert opinion.
The medical report indicated that the scar could potentially break down during rigorous training and in adverse weather conditions. Based on this, Gourav was discharged from service on May 16, 2023.
He subsequently challenged the decision in the AFT, arguing that he had cleared the physical test and was declared fit at the time of recruitment. The AFT dismissed his plea, leading him to approach the High Court.
The High Court emphasized that the medical examination to assess fitness is not mandatory after joining the training center, but it is not prohibited either. They upheld the AFT's decision, highlighting that the medical assessment was conducted correctly and the scar was present before Gourav's enrollment.
