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2021 Supreme(Del) 132

MANMOHAN, ASHA MENON
SI GD Pradeep – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.N.L.Bareja, Advocate
For the Respondent: Mr.Shashank Bajpai, Sr.Panel Counsel for UOI

JUDGMENT :

ASHA MENON, J:

1. This petition has been filed with the following prayers: -

    “(a) Issue an appropriate writ, order(s) or directions(s) in the nature of:-

(i) Certiorari by quashing/setting aside the impugned letter dated 19.11.2020 and the decision dated 10.12.2020 (copy of the decision not supplied to the petitioner) passed by the RMB against the petitioner in the Review Medical Examination, held on 10.12.2020 wherein the petitioner was declared medically unfit.

(ii) Mandamus directing the respondents to consider the case of the petitioner by treating him medically fit in medical category SHAPE-1, in terms of the Medical Fitness Certificate issued by the Registered Medical Practitioner in the relevant field, who was fully qualified, and competent to assess the Medical Fitness of the petitioner, after having given him the appropriate treatment, as also in the opinion of the expert on the outcome of the colour Doppler Test held at Delhi as well as Jhunjhunu (Rajasthan) and in pursuance thereof, direct the respondents to issue him the letter of appointment to the post of AC/GD, in accordance with his position in the merit list drawn on conclusion of the LDCE-2017/18, with all c

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