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2021 Supreme(Del) 2108

RAJIV SAHAI ENDLAW, AMIT BANSAL
Pooja – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Ram Naresh Yadav, Advocate, Jitesh Vikram Srivastava, Advocate

JUDGMENT

Amit Bansal, J. - The petitioner applied for the post of Sub-Inspector in Delhi Police and Central Armed Police Forces (CAPFs) and Assistant Sub-Inspector in Central Industrial Security Force (CISF) in the examination conducted by respondent no. 3 Staff Selection Commission (SSC), notified on 3rd March, 2018. Upon qualifying the written examination in Paper I, the Physical Endurance/Standard Test (PET/PST) and the written examination in Paper II, the petitioner appeared in the Detailed Medical Examination (DME) held on 17th September, 2020. The petitioner was declared unfit vide the result/order dated 18th September, 2020 of the DME on account of "Surgeries of right breast (i) In 2007- Lymphangioma Circumscriptum (No documents available) (ii) In 2019- Breast Reconstruction at Artemis Hospital, Gurgaon (2017). Re-evaluation of patient." She preferred an appeal against the above findings before the Review Medical Board (RMB), which on 3rd December, 2020 declared her unfit on account of having been "Operated for Breast Reconstruction in 2019 with Silicone Implant".

2. The present petition under Articles 226 and 227 of the Constitution of India has been filed impugning the resul

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