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2023 Supreme(Del) 5221

MANOJ JAIN, SANJEEV SACHDEVA
Bhagwat Singh – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Brijesh Yadav and Ms. Nikita, Advocates, for the Petitioner.
Mr. Hemendra Singh, Deputy Commandant, Law, BSF, for the Respondents.

JUDGMENT

Sanjeev Sachdeva, J. (Oral)--Petitioner seeks quashing of the detailed medical examination result dated 01.06.2023 and the review medical examination result dated 02.06.2023, whereby the petitioner was declared to be medically unfit on the ground of being overweight.

2. Learned counsel for petitioner submits that the respondents have erred in not taking into account the guidelines for Recruitment Medical Examination in Central Armed Police Forces and Assam Rifles (hereinafter referred to as the `Guidelines') as revised in May, 2015, which permit a relaxation of +/- 5 Kgs.

3. Issue notice. Notice is accepted by learned counsel for respondents.

4. With the consent of parties, the petition is taken up for final disposal today itself.

5. Respondent No.2 had issued a notification for recruitment of Assistant Commandants through Limited Departmental Competition Examination (LDCE) for the years 2018 to 2022 in a single examination. Petitioner, who was already working as a Sub-Inspector in the Border Security Force (BSF), opted to participate in the LDCE, which was held on 28.08.2022. Petitioner qualified the written examination as also the interview and personality test.

6. P

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