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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Yatin Malhotra – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. medical fitness standards and recruitment process. (Para 3 , 4) |
| 2. challenge to medical standards for civilian roles. (Para 5 , 6) |
| 3. observation on representation and instructions. (Para 7 , 8 , 9) |
| 4. notice issued and response required. (Para 10 , 11 , 12 , 13 , 14) |
ORDER
[VIA VIDEO CONFERENCING]
CM No.17654/2021 (for exemption)
1. Allowed, subject to just exceptions and as per extant Rules.
2. The application is disposed of.
W.P.(C) 5662/2021 and CM No.17655/2021 (for interim directions)
3. The petitioner, a candidate in the recruitment process for grant of Short Service Commission in the respondent no.2 Armed Forces Medical Service, pursuant to advertisement inviting applications therefor, was declared unfit in the medical examination conducted on 26th August, 2020, for the reasons of, (i) being overweight by 10 kgs; (ii) having Deviated Nasal Septum (Left) (ENT); and, (iii) having `V' shaped deep palate (dental).
4. The petitioner applied for Appeal Medical Board and the Appeal Medical Board found the petitioner to have reduced his weight, to within the permissible limits; however the petitioner was still declared unfit for the reason of non-functional o
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