Induction Of Officer With Vision Deformity In Indian Army May Seriously Prejudice National Security: Delhi High Court

The Delhi High Court has observed that induction of an officer suffering from vision deformity in the Indian Army may be seriously prejudicial to the country's national security.

A division bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla denied relief to one Uma Maheshwara Sastry Durbaka, who applied for admission to the NDA and Naval Academy Examination (II), 2024.

Durbaka gave his preferential choice of service as the Army, Air Force, Naval Academy and Navy. He challenged the letter, issued by the Air Commodore, Commandant Hospital, Bengaluru, declaring him to be unfit for recruitment to the Army.

Even though Durbaka cleared the written examination and interview, he was informed that he did not clear the medical examination due to 'accessory nipple (Lb)'.

It was his case that he was orally informed that he was 'fit for Army', but 'unfit for Navy' for having substandard vision in his right eye.

Later, Durbaka reported at Command Hospital (AF), Bangalore, apropos his appeal against the finding 'unfit for Navy'. The Command Hospital (AF) then found that he was unfit for both the Navy and Army.

While he claimed that he had 6/6 vision in both eyes, he was informed that his review before the Review Medical Board was rejected.

The Bench dismissed the plea, saying that it was not inclined to interfere in the matter in view of the fact that there were concurrent medical findings of Central Nebular Corneal Opacity in Right Eye by the Appeal Medical Board and the Review Medical Board conducted at the Army Research & Referral Hospital.

“Though Mr. Mukunda has very earnestly tried to convince us that, as per the extant instructions, the defect from which his client suffers is not a disqualification for entry into the Army, the said submissions does not appeal to us. In fact, the instructions specifically state that any defect in vision would operate as a disqualification,” the Court said.

It added that when Court is dealing with induction into the Army, especially where it involves compromised vision, it has to be extremely circumspect.

“Induction of an officer who suffers from any kind of vision deformity may be seriously prejudicial to national security,” the Court held.

Title: UMA MAHESHWARA SASTRY DURBAKA v. UNION OF INDIA & ORS

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