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2023 Supreme(Del) 5608

SANJEEV SACHDEVA, MANOJ JAIN
Pradeep – Appellant
Versus
Union of India And Others – Respondent


Advocates appeared:
Mr. Amit George, Mr. A. Bhaumit, Mr. Rayadurgam Bharat and Mr. Adhishwar Suri, Advocates, for the Petitioner.
Mr. Tanveer Ahmed Ansari, Senior Panel Counsel for UOI.

JUDGMENT

Sanjeev Sachdeva, J. (Oral)

1.  Petitioner impugns order dated 30.06.2021 whereby petitioner has been declared medically unfit by the Recruitment Medical Board on the ground that petitioner suffers from Varicose Vein.

2.  Petitioner has relied on Medical Examination Report dated 08.02.2020 whereby petitioner was declared medically fit and thereafter offered appointment letter on 20.02.2021.

3.  One of the conditions of the appointment letter dated 20.02.2021 was that in case the petitioner was declared fit by the Medical Board which had been held more than a year earlier petitioner would have to undergo fresh medical examination. Since petitioner had been declared medically fit on 08.02.2020 and the offer of appointment was made on 20.02.2021, petitioner was required to undergo a recruitment medical examination.

4.  The Recruitment Medical Examination Board found petitioner unfit due to post operative case of Varicose Vein.

5.  Petitioner impugned the said finding in this petition. By order dated 09.05.2023, this Court directed that petitioner be medically examined in an independent hospital i.e. Research & Referral Hospital of the Army. It was directed that the examination of

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