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2023 Supreme(Del) 5506

SANJEEV SACHDEVA, MANOJ JAIN
Manjeet Kumar – Appellant
Versus
Union of India And Ors – Respondent


Advocates appeared:
Mr. Nikunj Arora, Advocate, for the Petitioner.
Mr. T.P. Singh, Senior Panel Govt. Counsel with Mr. Kushagra Kumar, Govt. Pleader with SI/GD Shrabrta Sarkar, SSB, for the Respondents.

JUDGMENT

Sanjeev Sachdeva, J. (Oral) - Petitioner impugns the findings of the Detailed Medical Board dated 03.06.2023 and Review Medical Board dated 06.06.2023whereby petitioner was declared medically unfit.

2. Petitioner has finally been declared medically unfit by the Review Medical Board holding (i) deformity of Terminal phalanx from right index finger and (ii) Hypertension.

3. Learned counsel for petitioner submits that the guidelines for Review Medical Examination as applicable to the case of the petitioner with regard to deformity of finger required that the deformity should be of such a degree as to interfere with satisfactory performance of combatize duties to be a disqualification. He submits that there is no finding returned either by the Detailed Medical Examination Board or the Review Medical Examination Board that the deformity is of such a degree that it would interfere with satisfactory performance of combatize duties.

4. He submits that petitioner is already serving as Inspector in the Border Security Force. With regard to the issue of hypertension, he submits that prior to rejection on the ground of hypertension the candidate has to be admitted/hospitalised by the Boar

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