[2025:RJ-JP:50309] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18251/2025 Devendra Kumar, S/o Sanwar Mal, Aged About 18 Years, R/o Village Karang Chhota, Tehsil Fatehpur, District Sikar Rajasthan ----Petitioner Versus 1. Union Of India, Through Secretary, Ministry Of Defence, South Block, New Delhi - 110011 2. Directorate General Of Recruitment, Indian Army, West, Block-Iii, R.k. Puram, New Delhi- 110066. 3. Director, Headquarter Recruiting Zone (Army), Jaipur, Military Containment, Jhotwara, Jaipur, Rajasthan 302012. ----Respondents For Petitioner(s) : Mr. Govind Choudhary For Respondent(s) : Mr. V.P. Mathur HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Judgment / Order 10/12/2025 1. Instant Writ petition is filed with following prayer:- It is therefore most respectfully prayed that this Hon ble Court may graciously be pleased to accept and allow this Writ Petition and direct the respondent to conduct a re-medical examination of the petitioner for AGNIVEER intake 2025-26 under the Agnipath Scheme and further be pleased to declare that the petitioner's disqualification on the ground of DNS (Left) stands nullified in view of the curative surgical correction and medical fitness certification. Any other order, which this hon ble court deemed just and proper may kindly be passed in favour of the petitioner. [2025:RJ-JP:50309] (2 of 4) [CW-18251/2025] 2. Learned Counsel for the petitioner submits that an advance copy has been served on 14.11.2025, and the receipt has been placed on record. 3. Mr. V.P. Mathur put in appearance on behalf of respondents. 4. Learned Counsel for the Petitioner, while placing reliance upon the order dated 02.12.2025 passed in S.B. Civil Writ Petition No. 18665/2025, titled as Prithviraj Jat vs. Union of India and others, submits that the identical issue was considered and decided by this Hon'ble Court with certain directions, and the writ petition may be disposed of in a similar manner. 5. Learned Counsel for the Petitioner also submitted that in pursuant to the notification for recruitment for AGNIVEER, as per the guidelines, the petitioner appeared in the Physical Fitness Test (PFT) and successfully completed the same. He further submitted that on 02.10.2025, the petitioner was called for medical examination, but he was declared medically unfit on account of DNS (left). He further submitted that DNS (Deviated Nasal Septum) is a common and completely curable ailment and which involves temporary displacement of nasal cartilage and does not affect physical fitness in any manner. He also submitted that the petitioner has undergone treatment from ENT Specialist and he advised to undergo Septoplasty (DNS Corrective Surgery) which has been successfully performed, therefore, the petitioner is eligible to be considered for AGNIVEER. 6. The issue raised herein is very simple, that the petitioner was declared medically unfit due to DNS (left), but the petitioner has claimed that the DNS is a temporary ailment and the same is [2025:RJ-JP:50309] (3 of 4) [CW-18251/2025] curable. The petitioner has also submitted that the DNS has not affected physical fitness and functioning in any manner. 7. Considering the submissions of learned counsel for the parties, and in order to balance equity, it is appropriate that the Director AIIMS, Jodhpur be directed to constitute a Medical Board to examine the physical fitness of the petitioner and after examination of physical fitness, prepared a report and send it directly to the respondent No.3. By this action, no body would be prejudiced, therefore, we are disposing of the writ petition at this stage. 8. In view of aforesaid, the writ petition is disposed of in following manner:- (i) The petitioner shall appear on 09.01.2026 before the Medical Board constituted by the Director, AIIMS, Jodhpur for examining physical fitness. (ii) After appearance by the petitioner before the Medical Board and examination of physical fitness by the Medical Board, the certificate shall be sent directly to respondent No.3. (iii) After receiving the medical certificate, the respondent No.3 will consider candidature of the petitioner, if he fulfills criteria, but subject to Medical Examination as prescribed in the recruitment notification. (iv) This order is passed without any verification of veracity of the facts as mentioned by the petitioner. (v) In any case, the petitioner still aggrieved from any of the action, he has a right to re-approach the Court with a fresh petition. [2025:RJ-JP:50309] (4 of 4) [CW-18251/2025] 9. If petitioner is found fit in medical report, then he is at liberty to submit a representation to the respondent Nos. 2/3, who shall consider and decide the representation with reasoned and speaking order within 30 days from the date of receipt of representation. 10. With the aforesaid, the writ petition stands disposed of with pending application, if any. (ASHOK KUMAR JAIN),J MONU/23