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2011 Supreme(Del) 863

GITA MITTAL, J.R.MIDHA
Faizan Siddiqui – Appellant
Versus
Sashastra Seema Bal – Respondent


Advocates Appeared:
Mrs. Gita Luthra, Sr. Adv. With Ms. Akanksha Munjal, Advocate for the Petitioner.
Mr. AK. Bhardwaj and Mr. Gaurav M. Librahan, Advocate for the Respondent.

Gita Mittal, J.

1. The instant case arises in unique facts relating to medical fitness of a female candidate seeking recruitment to Sashastra Seema Bal who had been diagnosed as suffering from a hormonal anomaly which is described as a `Disorder of Sexual Differentiation' and had undergone the necessary surgery and thereafter placed on hormonal replacement therapy who has been found physically fit despite her having been found unfit in all evaluation tests. The medical unfitness was certified by the doctors of the Sashastra Seemfa Bal who did not have expertise in the concerned field and without any expert opinion or scientific material.

2. The petitioner Faizan Siddiqui assails the rejection of her candidature for the post of Constable (General Duty) Female in the Sashastra Seema Bal (`SSB' hereafter) on grounds of medical unfitness by a medical examination conducted on 3rd February, 2008 and the review medical board conducted on 25th April, 2008.

3. The SSB had published an advertisement in the Employment News dated 24-30th November, 2007, also uploaded on the SSB website, inviting applications for appointment to 128 vacancies for the post of Constable (GD) Female to be filled from

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