Is non-formation of one testis a disability? Delhi High Court seeks response from Central govt on plea against rejection of candidate from CRPF

The Delhi High Court on Thursday sought the response of the Central government on a plea against rejection of a candidate from the Central Armed Police Forces (CAPF) Exam on the ground that he was 'medically unfit' on account of non-formation of one testicle. .A Division Bench of Justices Rajiv Sahai Endlaw and Amit Bansal also made a prima facie observation that such a condition cannot be considered a disability as per the rules making the candidate ineligible for selection. "No testis is not a disability as per manual. His candidature should not have been rejected. Moreover, even PGI Chandigarh has examined and classified him to have one missing testes," the Court said. The Court proceeded to issue notice to the Central government. The petitioner's candidature for Central Reserve Police Force (CRPF) was rejected after authorities equated non-formation of testis with the condition of "undescended testicle" and thereby, deemed him to be 'medically unfit'. "Undescended testicle" is deemed to be disability but the rules are silent as regards non-formation of testis. "The petitioner is a candidate for GD recruitment as a constable in Central Reserved Police Forces (CRPF). He had filed this petition of rejection of candidature on ground of being medically unfit. As per the medical report of the respondents, one of the testis of the petitioner is missing," the Court noted in its order.The Court observed that there is a lacuna in the medical manual or 'Revised Uniform Guidelines for Recruitment of Medical Examination in CAPF and Assam Rifles,' to deal with such cases and there is no nomenclature for such a condition. "However there's no provision in Manual of Medical Standards for Examination of such a case. Neither is there any nomenclature in respect of the same," it said. The Court thus, pointed out that condition of "no testis" cannot be construed as a disability as per the manual..Bombay HC grants relief to CAPF job applicant having tattoo on ‘saluting’ arm.Thereafter, the Court issued notice to the Ministry of Home Affairs and the Central Reserved Police Force (CRPF) to ascertain whether medical condition of non-formation of one testis can be considered the same as "undescended testicle" making the petitioner ineligible for selection. "A Senior Medical Officer of the respondent's choice has to be in a position to answer all our queries as to the missing testis," the Court said.The matter will be heard next on August 27, 2021.Advocate Joby P Varghese appeared on behalf of the CRPF candidate..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.