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2023 Supreme(Gau) 1057

MICHAEL ZOTHANKHUMA
Ravijit Boro S/o. Sri Mono Mohan Boro – Appellant
Versus
State Bank of India – Respondent


Advocates Appeared:
For the Petitioner:Mr. R.R. Kaushik, Mr. K. Goswami, Sr. Advocate, Mr. A. Sandilya.
For the Respondent: Mr. M.K. Das, Mr. A. Parvez.

JUDGMENT :

Heard Mr. K. Goswami, learned Senior Counsel assisted by Mr. A. Sandilya, learned counsel for the petitioner. Also heard Mr. A. Parvez, learned counsel for the respondent State Bank of India.

2. The petitioner’s case in brief is that pursuant to an Advertisement dated 01.03.2012, for filling up the post of Assistant (Clerical Cadre) under the State Bank of India (SBI), the petitioner took part in the selection process. On being successful, the petitioner was given an offer of appointment vide letter dated 15.11.2012. The petitioner was thereafter asked to undergo a Medical Test and after having undergone the Medical Test, the petitioner was informed by the respondent No. 4 about the inability of the SBI to allow the petitioner to join the post of Assistant, as he was stated to have been found medically “unfit”, vide letter dated 04.12.2012.

3. The petitioner’s counsel submits that the Medical Report of the petitioner issued by the Excelcare Hospitals Pvt. Limited shows that the petitioner was suffering from ‘known Ankylosing spondylitis’, which was a progressive disease, though ‘there was no disease activity currently’. The petitioner’s counsel further submits that though t

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