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2023 Supreme(Del) 4069

SANJEEV SACHDEVA, MANOJ JAIN
Sattaru Sandhya Rani – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Himanshu Gautam, Advocate, for the Appellant.
Mr. Atul Krishna, Senior Panel Counsel with Ms. Samiksha, Advocate and Mr. Mohit Kumar, CISF.

JUDGMENT

Sanjeev Sachdeva, J. (Oral)--Petitioner seeks quashing of medical examination reports dated 07.06.2023, 08.06.2023 and 10.06.2023 whereby petitioner has been declared medically unfit on the ground of presence of ovarian cyst.

2. Petitioner applied pursuant to an advertisement issued by the respondent for recruitment of Sub-Inspector (Executive) through Limited Departmental Competitive Examination. Petitioner was successful in the written examination. However, during the medical examination petitioner has been declared medically unfit on the ground that there is a cyst in the ovary.

3. The Revised Uniform Guidelines for Review Medical Examination in Central Armed Police Forces and Assam Rifles dated 31.05.2021 in para 12 i.e. general instructions for examination of a female candidate in sub-para 5(vi) stipulates as under:

    (5)vi. "Evidence of ovarian cyst or fibroid uterus or any other lump is disqualifying."

4. In the case of the petitioner, petitioner was examined by the medical board and was also referred for ultrasound. During ultrasound of the abdomen, it has been reported as under:

    "A well defined cystic lesion (42x56 mm) with internal septation is noted in right adnex

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