GITA MITTAL, J.R.MIDHA
Faizan Siddiqui – Appellant
Versus
Sashastra Seema Bal – 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
Maneka Gandhi v. Union of India (1978) 2 SCR 621 : AIR 1978 SC 597
State of Andhra Pradesh and Anr. V. Nalla Raja Reddy and Ors. (1967) 3 SCR 28 : AIR 1967 SC 1458
AIR India v. Nargesh Meerza & Ors. AIR 1981 SC 1829
Bombay Labour Union v. International Franchises Pvt. Ltd. (1966) 2 SCR 493 : AIR 1966 SC 942
Dwarka Prasad Laxmi Naraian v. State of UP 1954 SCR 803 : AIR 1954 SC 224
E.P. Royappa v. State of Tamil Nadu (1974) 2 SCR 348 : AIR 1974 SC 555
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