HC upholds army decision on discharging Agniveer over scar

The Punjab and Haryana high court has dismissed an appeal against the decision of Armed Forces Tribunal (AFT) upholding discharge of an Agniveer from the service within three months of training after a scar was found on his leg.
“…we are of the considered view that as the scar on the left leg of the petitioner was existing prior to his enrollment as Agniveer, it was rightly found by the Invalidment Medical Board that the disability suffered by him was neither attributable to nor aggravated by the military service and accordingly, his discharge cannot be found fault with in view of the clinical assessment report given by the Classified Specialist (Surgery) and Reconstructive Surgeon,” the bench of justice Sudhir Singh and justice Karamjit Singh observed while dismissing plea from one Gourav from Karnal.
The court also did not agree to his demand for grant of compensation and said that disability suffered was not found to be attributable to or aggravated by the military service. “Since the disability suffered by the petitioner is neither attributable to nor aggravated by the military service as the scar which led to the disability, was existing prior to the enrollment of the petitioner as Agniveer, it cannot be said the petitioner is entitled to any monetary compensation under the Agnipath Scheme,” it further recorded.
The petitioner had applied for recruitment of Agniveer under the Agnipath Scheme. The physical test was conducted on October 29, 2022 and recruiting medical officer declared him fit. He was directed to report for training on February 22, 2023. When he reported for training inspecting medical officer noticed a large scar on the anterior of his left leg. The petitioner was referred for expert opinion. The report from experts said, the scar being hypertrophic in nature, may break down during hard training and in hot and humid climate. Based on the said opinion, he was invalided from service on May 16, 2023.
This decision, he had challenged in AFT, Chandigarh regional bench, arguing that at the time of recruitment, besides having passed the rigorous physical test, he was found medically fit and was declared as such by the recruitment medical officer. The scar found is not a disability as it does not affect the normal working of a soldier, he had argued. The AFT dismissed his plea on April 25, 2024 and it was against this order, he had moved the high court.
The court observed the clinical report cannot be said to be untenable, especially when an Armed Forces personnel is to be assessed for his medical fitness by the authorities, in order to ensure that he could perform his regular duties without any hindrance. The petitioner was put through a proper procedure in order to assess the disability suffered by him. It is the admitted case of the petitioner that he was having a scar on his left leg prior to his recruitment as Agniveer, the court further said adding that the AFT has rightly come to the conclusion that medical examination to determine fitness is not required to be conducted after joining the training centre, but such medical examination per se is not barred.