High Court · 2025

WP(MD)No.24615 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON24.09.2025PRONOUNCED ON 24.11.2025CORAM: THE HONOURABLE MR.JUSTICE K.KUMARESH BABUW.P.(MD)No.24615 of 2025 &W.M.P.(MD).Nos.19315 & 19318 of 2025S.R.Ashwin... Petitioner/vs./1.The Union of India, Rep., by the Secretary, Ministry of Defence, Room No.234 - South Block, New Delhi -110 011.2.Directorate of Manpower Planning and Recruitment, Rep, by the Principal Director, Indian Navy, Integrated Headquarters, Ministry of Defence, Room No.234 – South Block, New Delhi – 110 011.3.The Commanding Officer, INS Chilka, Indian Navy, Khurda District, Odisha – 752 037.4.The Commanding Officer, INS Adyar, Navy Office, Port Complex, Rajaji Road, Chennai – 600 009.1/9 https://www.mhc.tn.gov.in/judis WP(MD)No.24615 of 20255.The Recruiting Officer, SSR – Medical Exam., INS Adyar, Navy Office, Port Complex, Rajaji Road, Chennai – 600 009.6.The Military Hospital, Rep., by the Commandant, 1st Ave, Defence Colony, Nandapakkam, Guindy, Chennai – 600 089.... RespondentsPRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to quash the Stage-II results of the Senior Secondary Recruits in Medical Branch (SSR (Medical)) -02/2025 batch exam of the petitioner as arbitrary, illegal and in contravention of the recruitment notification. For Petitioner : Mr.K.Sharath ChandranFor Respondents : Mr.K.Govindarajan - DSGIORDERThis Writ Petition had been filed to quash the Stage-II results of the Senior Secondary Recruits in Medical Branch (SSR (Medical)) -02/2025 batch exam of the petitioner as arbitrary, illegal and in contravention of the recruitment notification. 2/9 https://www.mhc.tn.gov.in/judis WP(MD)No.24615 of 20252. Heard Mr.K.Sharath Chandran, learned counsel appearing for the petitioner, Mr.K.Govindarajan, learned Deputy Solicitor General of India appearing for the respondents.3. The learned counsel for the petitioner would submit that the second respondent had issued a recruitment notification calling for applications for the post of Sailors for Senior Secondary Recruits in medical branch. The said selection process consists of two stages namely written examination and physical fitness test and a recruitment medical examination based upon which a provisional selection list is drawn. 4. The petitioner had applied for the said post and had appeared for stage one written examination on 27.05.2025 in a centre at Trichy and was declared as qualified for stage two examination. Thereafter, he had appeared for stage two selection on 03.07.2025 at INS Adayar, Chennai. After medical examination, the petitioner was served with a cryptic report indicating that he has a medical condition known as hyperhidrosis. Clause-16 of the Recruitment notification provides for the right of appeal against the findings of the recruitment medical examination to the Military Hospital, Chennai. Invoking the said Clause, he had 3/9 https://www.mhc.tn.gov.in/judis WP(MD)No.24615 of 2025also preferred an appeal against the Recruitment Medical Examination dated 03.07.2025. 5. The petitioner had also underwent a test before the Appellate Authority and was awaiting for the result, but, to his shock and surprise he was declared as not qualified. No reasons have been attributed under the impugned order. Without publishing the stage 2 result and without passing any orders on appeal, the petitioner has been declared to be unqualified. The petitioner had been informed that there will be an induction conducted on 10.09.2025 for the selected candidates. He would also place reliance upon the medical examination of a Government Community Health Center, Poovar, wherein a certificate was issued on 02.09.2025 indicating that the petitioner do not suffer from any such medical condition upon which his candidature is being rejected. When no orders have been passed on the petitioner’s appeal, the impugned order holding that the petitioner is not qualified is wholly arbitrary and illegal and contravention to the recruitment notification. Therefore, he seeks indulgence to the order impugned herein.6. Countering his arguments, learned Deputy Solicitor General would 4/9 https://www.mhc.tn.gov.in/judis WP(MD)No.24615 of 2025submit that the primary medical examination conducted on 03.07.2025, the petitioner was found to be unfit in view of the medical condition namely hyperhidrosis. On the appeal filed by the petitioner, the petitioner was called upon for a review by the Military Hospital and the petitioner had reported to the Military Hospital on 05.07.2025. Apart from the petitioner there were 104 other such candidates who had filed appeal and the petitioner after the medical examination at the Military Hospital which in the Appellate Authority also found him to be unfit for the very same reason. 7. He would submit that the Report relied upon by the petitioner cannot be accepted as it is not from an authorised hospital of the recruiting agency. He would further submit that the recruitment procedures is transparent and carried out with utmost diligence. He would further submit that the medical fitness would have to be assessed only by the Doctors attached to the armed forces and any intervention by way of medical fitness other than the Doctors at the designated Military Hospitals would also not be considered. Even in the appeal filed by the petitioner with the Military Hospital, the petitioner had been found to be suffering from hyperhidrosis and in view of the medical shortcomings, the petitioner had been declared to be unfit. He would submit that the screen-shot provided by the 5/9 https://www.mhc.tn.gov.in/judis WP(MD)No.24615 of 2025petitioner would show him to be unqualified whereas the petitioner based upon the medical review by the Medical Hospital which is the Appellate Authority had also found him to be unfit. Therefore, he would submit that this Court cannot sitting under Article 226 of Constitution of India review the medical report both at the recruitment level and also by the Appellate Authority as the same had been made by experts and therefore, prays this Court to dismiss the Writ Petition.8. I have considered the submissions made by the learned counsels appearing on either side and perused the materials available on record.9. Admittedly, the petitioner had been found unfit during the second stage of recruitment process as he suffers from a medical condition called hyperhidrosis. Admittedly, the petitioner had also preferred an appeal and in the appeal, the designated Military Hospital after examining the petitioner had also given a Report that he is unfit and therefore, he was declared to be not qualified. The Appellate Authority’s report has been placed before this Court and for the very same condition, the Appellate Authority under the notification has also found him to be unfit. 10. Even though, it is the case of the petitioner that he has been singled 6/9 https://www.mhc.tn.gov.in/judis WP(MD)No.24615 of 2025out, it is seen that 104 candidates have filed an appeal and certain of the candidates have been found to be fit by the Appellate Authority. The petitioner had been found to be unfit along with others. Therefore, the claim that the expert to have been tagged in line in stage-2 recruitment result is not well founded. 11. That apart, as rightly pointed out by the learned Deputy Solicitor General, a medical Report of a third party even though, being a Agency of the respondents cannot be driven home by the petitioner as it is the recruitment agency who has got expert in the field who have to certify the medical fitness of the candidates to suit their needs.12. For the aforesaid reasons, I do not find any merits in the Writ Petition and accordingly, the Writ Petition is dismissed. However, there shall be no order as to costs. 24 .11.2025Index :Yes / NoInternet:Yes / NoGba7/9 https://www.mhc.tn.gov.in/judis WP(MD)No.24615 of 2025To1.The Union of India, Rep., by the Secretary, Ministry of Defence, Room No.234 - South Block, New Delhi -110 011.2.Directorate of Manpower Planning and Recruitment, Rep, by the Principal Director, Indian Navy, Integrated Headquarters, Ministry of Defence, Room No.234 – South Block, New Delhi – 110 011.3.The Commanding Officer, INS Chilka, Indian Navy, Khurda District, Odisha – 752 037.4.The Commanding Officer, INS Adyar, Navy Office, Port Complex, Rajaji Road, Chennai – 600 009.5.The Recruiting Officer, SSR – Medical Exam., INS Adyar, Navy Office, Port Complex, Rajaji Road, Chennai – 600 009.6.The Military Hospital, Rep., by the Commandant, 1st Ave, Defence Colony, Nandapakkam, Guindy, Chennai – 600 089.8/9 https://www.mhc.tn.gov.in/judis WP(MD)No.24615 of 2025K.KUMARESH BABU, J. GbaPre-Delivery Order made inW.P.(MD)No.24615 of 2025 &W.M.P.(MD).Nos.19315 & 19318 of 202524.11.20259/9