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2022 Supreme(Gau) 1505

ACHINTYA MALLA BUJOR BARUA
Hanif Sikdar – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. R. Mazumdar and Mr. R. Deka
For the Respondent: Ms. A. Gayan

JUDGMENT :

1. Heard Mr. R. Deka, learned counsel for the petitioner. Also head Ms. A. Gayan, learned CGC for the respondents.

2. The petitioner participated in an advertisement published in the website of the Indian Army in the month of May, 2015, by which the applications were invited from male candidates of Kamrup (M), Kamrup (R), Nalbari, Baksa, Darrang and Udalguri districts for filling up of vacancies of Solider General Duty.

3. In the selection process, the petitioner underwent re-medical on 7.12.2015 but was declared temporarily unfit by the Recruiting Medical Officer with the diagnosis ‘Lt Corneal Opacity’. The Recruiting Medical Officer referred the petitioner to 151 Base Hospital for review by eye specialist on 7.12.2015 and the specialist had also declared the petitioner unfit with the observation ‘Central Corneal Opacities (Lt)’.

4. According to the respondents as the petitioner was declared medically unfit, he could not be allowed to join Indian Army as per the policy on the subject inasmuch as the person recruited ought to be medically acceptable to the authorities.

5. The grievance raised by the petitioner in this writ petition is that the petitioner was not subjected to

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