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2021 Supreme(Del) 167

RAJIV SAHAI ENDLAW, AMIT BANSAL
Ishwar Singh – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Puneet Jaiswal.
For the Respondents: Mr. Sanjeev Sabharwal, Mr. Hem Kumar, Mrs. Avnish Ahlawat, Mrs. Tania Ahlawat, Mr. Nitesh Kumar Singh, Ms. Palak Rohemetra, Mr. Harish Vaidyanathan Shankar, Mr. Vinod Kumar.

JUDGMENT :

RAJIV SAHAI ENDLAW, J.

1. On 7th April, 2021, when this petition first came up before us, inter-alia the following order was passed:-

    “3. The petition impugns the order dated 12th January, 2021 of Central Administrative Tribunal (CAT), Principal Bench, New Delhi of dismissal of O.A. No. 42/2021 preferred by the petitioner. The said OA was preferred, impugning the denial of selection as Sub Inspector (Direct Entry) in Central Armed Police Forces (CAPFs)/Delhi Police/Central Industrial Security Force (CISF), in the recruitment process held in the year 2018, on the ground of being medically unfit. According to the Medical Board as well as the Review Medical Board which examined the petitioner, the petitioner is a case of “old facture of shaft (Lt) femur with plates and screw in situ resulting in cortical expansion with scoliosis.”

4. The only contention of the counsel for the petitioner is that since the findings of the Medical Board and Review Medical Board are inconsistent with the findings of the civil hospital in which the petitioner got himself examined, a case for referring the petitioner for independent opinion is made out.

5. The aforesaid argument has not found favour w

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