SHRIPAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, a candidate for recruitment to the post of MR (Hygienist) in the respondents Indian Navy of April, 2020 batch, has filed this petition seeking mandamus to the respondents Indian Navy to enroll the petitioner in the respondents Indian Navy as MR (Hygienist) in April, 2020 batch with all consequential benefits.

(2.) It is the case of the petitioner, (i) that pursuant to his application for the said post, he cleared the written examination, medical examination and his name was included in the final merit list; (ii) that the petitioner was provisionally selected for the post and was called for enrollment at INS Chilka vide call letter dated 18th September, 2020; (iii) that when the petitioner reported at INS Chilka, as per Appendix 'E' of Joining Instructions, was tested for Covid-19, before the medical examination and there was also a requirement to undergo institutional quarantine for 14 days or specific period as decided, prior to induction at INS Chilka; (iv) that the petitioner was found Covid positive; (v) that the petitioner was badly treated and was not quarantined for 14 days while the other candidates who were found Covid negative were quarantined for 14 days; (vi) that the petitioner's signature were obtained on some papers and he was told that he is medically unfit for joining the respondents Indian Navy; (vii) that the petitioner was pressurized to give in writing that he did not want to join the respondents Indian Navy and that he will not challenge the wrongful and illegal action of the respondents Indian Navy before any court of law; and, (viii) that the petitioner, under pressure signed the same and was sent back home.

(3.) The petition came up first before this Court on 2nd November, 2020, when none appeared for the respondents Indian Navy. We accordingly adjourned the matter to today with a direction to the Court Master to inform Mr. Harish Vaidyanathan Shankar, Advocate, who otherwise appears for the respondents Indian Navy, of the next date of hearing in this matter and to also forward to him a copy of the electronic paper book, to enable him to obtain instructions. It was further directed that the file relating to the petitioner, including the documents on which signatures of the petitioner were obtained when the petitioner reported for joining, be also brought to the court on that date.