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2023 Supreme(Del) 857

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Vijay – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Ms.Chhavi Yadav for Mr. Ajit Kakkar, Advocates, for the Petitioner.
Mr.Jatin Singh, Mr.Keshav Sehgal, Mr.Kashish Bajaj, Mr.Utsav Garg, Mr.Shubham Agarwal & Mr. Shivam Gaur, Advocates, for the UOI.
Sh. Hemendra Singh, Deputy Commandant (Law) BSF.

JUDGMENT (Oral)

1. Vide the present petition, petitioner prays as under:

    a. To set aside the Unfit Certificate of the Review Medical Examination, issued by the respondents;

    b. To direct the respondents to conduct re-medical exam to determine/assess/test the Eyesight/Distant vision of the petitioner and if found qualified, consider him in the further enrolment process for the post of Head Constable (Radio Mechanic) in Border Security Force (BSF);

    c. Alternatively, direct the respondents for appointment of the petitioner on the basis of the Health/Medical certificate issued by the Govt. Hospital.

2. Case of the petitioner is that he applied for the examination for the post of Head Constable (Radio Mechanic) through online mode in the Border Security Force and qualified the phase I written examination and thereby eligible to appear in the phase II Physical endurance and measurement test. During Detailed Medical Examination, he was declared unfit on two counts viz.

(i) Defective Distant Vision assessed at VA 6/9 (Right Eye) 6/9 (Left Eye)

(ii) HTN+

(iii) Abnormal Dentition.

3. Being aggrieved, the petitioner applied for Review Medical Examination and as per the result of RME on 27.02.2023

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