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2022 Supreme(Del) 1773

SURESH KUMAR KAIT, SAURABH BANERJEE
Ravi Kumar – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Mr. Ankit Negi, Advocate. for Mr. Ajit Kakkar, Advocate., for the Petitioner; Ms. Nidhi Raman, CGSC with Mr. Zubin Singh, Advocate., for the Respondents

JUDGMENT

Suresh Kumar Kait, J. - Pursuant to a notification issued by the Indian Navy for recruitment to the post of 'Artificer Apprentice & Senior Secondary Recruit? (henceforth referred to 'AASSR'), the petitioner claims to have applied for the same in the month of July, 2019. The respondents issued Admit Card to the petitioner to appear in the Phase-I written test, which he successfully cleared. The petitioner was directed to appear for Phase-II, physical and medical test, wherein he was declared medically fit. Petitioner thereafter received Call Up letter dated 17.01.2020, being provisionally appointed in Indian Navy and was directed to appear for final medical examination on 05.02.2020 before the appropriate authorities. However, in the final medical examination, petitioner was declared medically unfit vide Medical Unfitness Certificate dated 05.02.2020 on the ground of 'ATELECTATIC EAR CRT'.

2. Being aggrieved, in an appeal to the respondents, the petitioner was directed to appear for re-medical before INHS, Kalyani, Vishakapatnam on 24.02.2020, however, his candidature was rejected on the similar medical grounds by the Appeal Medical Board, though he claims to have never recei

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