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2013 Supreme(SC) 29

AFTAB ALAM, RANJANA PRAKASH DESAI
Nand Kishore Mishra – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Mr. S.G. Hasnen, Senior Advocate, Mr. Varinder Kumar Sharma, Advocate, with him for the Appellant.
Mr. Ashok Panda, Senior Advocate, Mr. Wasim A. Qadri, Mr. D.K. Thakur, Mrs. Anil Katiyar, Advocates, with him for the Respondents.

ORDER

1. Leave granted.

2. The appellant was a candidate for grant of Permanent/ Short Service Commission in the Army Medical Corps (AMC) (Non-Technical) for which applications were invited vide Notification No.32433/PC/SSC/AMC(NT)/07/DGAFMS/DG-1A(1) dated January 19, 2007. Though successful in the selection and recommended for the grant of Short Service Commission in the AMC, he was denied the Commission on the ground that he was not eligible being in Medical Category SHAPE-II.

3. In the counter affidavit filed on behalf of the respondents before the Armed Forces Tribunal, the reason assigned for denial of Commission to the appellant was stated as under:

(a) No 13989183K L/NK/HA Nand Kishor Mishra who has been recommended for grant of Short Service Commission in AMC (NT) by 17 SSB was found medically unfit by the SMB, CH(AF) Bangalore on 24 Dec.07 on account of disability 'Amputation Ring Finger Left Hand' Individual is in Low Medical Category SIHI A2(P) PIEI since 1998 for the disability.

4. It may be explained here that the fitness of a person for medical classification is assessed under five factors indicted by the acronym SHAPE. The acronym stands for: S-Psychological, H-Hearing, A





























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