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2022 Supreme(Del) 1477

MANMOHAN, NAVIN CHAWLA
Gaurav Dalal – Appellant
Versus
Union Of India, Ministry Of Home Affairs And Another – Respondent


Advocates appeared:
Joby P.Varghese, Advocate, Ranvir Singh, Advocate, Shoumendu Mukherji, Advocate, Dr.Pranjal Dubey, Advocate

JUDGMENT

Navin Chawla, J. - This petition has been heard by way of video conferencing.

1. This petition has been filed by the petitioner praying for a direction to the respondents to set aside the result of the Detailed Medical Examination (in short, 'DME') dated 30.07.2019 as well as the decision of the Review Medical Board (in short, 'RMB') dated 08.12.2020, by virtue of which the petitioner was declared medically unfit for appointment as Constable (GD) in the Central armed Police Forces (in short, 'CaPFs') on the ground of 'undescended testis'. In the alternative, the petitioner prays that Clauses 5(p), 6(28) and (XIII)(3)(e) of the 'Guidelines for Recruitment Medical Examination in Central armed Police Forces and assam Rifles: Revised Guidelines as on May 2015' (hereinafter referred to as the 'Guidelines'), to the extent that they disqualify a candidate with 'undescended testis', be declared unconstitutional as being violative of article 14, 19(1)(g) and 21 of the Constitution of India.

2. It is the case of the petitioner that pursuant to the advertisement for appointment to the post of Constable (GD) under the Sports Quota in the respondent no. 2, the petitioner preferred an appl

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