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2022 Supreme(Bom) 139

M.S.SONAK, R.N.LADDHA
Nigel Anthony S. Fernandes – Appellant
Versus
State of Goa – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Gaurish Agni with Mr. T. Gawas, Mr. Parikshit Sawant, Advocate
For the Respondent: Mr. Prashil Arolkar, Ms. Sapna Mordekar, Adv

JUDGMENT :

M.S. Sonak, J.

1. Mr. Gaurish Agni and Mr. Tanmai Gawas appear for the petitioner in Writ Petition No.430/2017 and Mr. Parikshit Sawant appears for the petitioner in Writ Petition No.437/2017.

2. Mr. Prashil Arolkar and Ms. Sapna Mordekar, learned Additional Government Advocates appear for the respondents in Writ Petition No.430/2017 and Writ Petition No.437/2017, respectively.

3. Learned counsel for the parties agree that both these petitions can be disposed of by a common judgment and order since substantially common issues of law and fact arise therein.

4. The petitioners in both these petitions challenge inter alia Memorandum dated 16.03.2017 (impugned memorandum) by which respondent no.2 (Superintendent of Police) withdrew offers of appointment to the posts of Scientific Assistant (Documents) and Scientific Assistant (Computer Forensics) in the Forensic Science Laboratory given to the petitioners vide Memoranda dated 18.10.2016 on the ground that the petitioners were "medically unfit” for the appointment to the said posts.

5. Mr. Agni and Mr. Sawant, in unison, submitted that the action of the respondents violates Articles 14, 16, and 21 of the Constitution of India. They

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