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2014 Supreme(Del) 3304

KAILASH GAMBHIR, NAJMI WAZIRI
Gurnam Singh – Appellant
Versus
Union of India – Respondent


Advocates:
For the Petitioner:Mr. Puneet Khurana, Advocate.
For the Respondents:Mr. Saquib, Advocate.

JUDGMENT :

Kailash Gambhir, J.

1. The present writ petition has been filed under Articles 226 and 227 of the Constitution of India for fixation of his seniority on the post of Assistant Commandant in SC category from the date of his selection along with his batch-mates of Batch No. 26 and not with AC/DE at Sr. No. 29.

2. The case of the petitioner in brief is that he was selected for appointment to the post of Assistant Commandant (Direct Entry) in BSF through SSB CPOs AC Examination, 1999 and had successfully undergone the written examination, physical efficiency test and interview conducted by the Special Selection Board and was declared successful for appointment to the said post. After having qualified the said tests, he was required to qualify the medical test in which he was found to be medically unfit on 21.12.1999 as he failed to fulfill the chest requirement criterion. Through a letter dated 19.04.2000, the respondents informed the petitioner about his results and further intimated him that if he so desired, he may file an appeal for the review of his medical examination. The petitioner preferred an appeal against the order of the respondents declaring him to be medically un














































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