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2022 Supreme(Bom) 447

DIPANKAR DATTA, V.G.BISHT
Sayyad Naimali Kachruddin – Appellant
Versus
Border Roads Organisation – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Kaustubh R. Gidh, Mr. Kranti L.C.
For the Respondents: Mr. Ashok D. Shetty, Mr. P. Khosla.

JUDGMENT :

V.G. BISHT, J.

1. Rule. Rule made returnable forthwith. By consent, heard finally at the stage of admission.

2. The petitioner seeks to assail the decision of Border Roads Organisation (hereafter BRO for short) to declare him Permanently Medical Unfit for a job as a Driver Mechanical Transport (Ordinary Grade) and set aside the finding of the Medical Review Board dated 4th May 2019 holding the petitioner Permanently Medical Unfit for the said post due to “Presternal Keloid Chest.”

3. Brief facts are as under:

    The BRO published an advertisement for vacancies inter-alia for the post of Driver- Mechanical Transport (Original Grade). The petitioner who has the requisite qualification and eligibility for the said post submitted his application for the same and was subsequently called for a Physical Efficiency Test and Practical Test on 23rd August 2018. The petitioner accordingly appeared and cleared the said test and then was called for the written test. After clearing the written test, he was notified that he had been provisionally selected for the said post and was called upon to undergo a Medical Examination on 18th February 2019. The petitioner underwent the Medical Examinati

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