In a recent ruling, the Punjab and Haryana High Court upheld the Central government’s decision to discharge an Agniveer following the discovery of a significant scar on his left leg, observed just three months into his training. The court also denied the Agniveer’s request for compensation, citing that the injury predated his enrollment under the Agnipath scheme.
The division bench, led by Justices Sudhir Singh and Karamjit Singh, concluded that the scar, which had existed before the Agniveer’s recruitment, was not a result of military service nor exacerbated by it. The court emphasized that the Invalidment Medical Board’s assessment, supported by a Clinical Specialist’s report, justified the discharge.
The Agniveer, Gourav, had joined the Agnipath scheme in 2022 and began training in February of that year. The scar was identified during a subsequent medical examination at the Command Hospital in Kolkata. The specialist had warned that the scar, being hypertrophic, might deteriorate under strenuous conditions and adverse climates.
After the Invalidment Medical Board’s evaluation in May 2023, Gourav was discharged. His challenge to this decision at the Armed Forces Tribunal in Chandigarh was unsuccessful, leading to the High Court review.
The court underscored that the procedure followed to assess Gourav’s disability was appropriate. Despite his earlier declaration of having sustained the injury five years prior, the initial medical clearance during recruitment was deemed insufficient for final fitness determinations.
The High Court further clarified that, based on Regulation 135 and relevant policies, a recruit’s medical fitness could still be reviewed after joining the training center. The decision upheld the discharge and dismissed the compensation claim, stating that since the scar’s disability was not linked to his military service, monetary compensation was not warranted.
Advocates Gurpreet Singh and Jaskaran Singh represented Gourav, while Senior Panel Counsel Rohit Verma defended the Union of India.
