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2015 Supreme(Raj) 173

NIRMALJIT KAUR
Desh Deepak Dhamija – Appellant
Versus
Union Bank of India – Respondent


Advocates Appeared
Vikas Balia, for Petitioners;
N.K. Rastogi, Rameshwar Chouhan, for Respondents

Hon'ble KAUR, J.—The petitioner is presently a patient of the chronic kidney disease and is on Continuous Ambulatory Peritoneal Dialysis (for brevity herein after referred to CAPD).

2. The petitioner through the present petition is assailing the validity and propriety of the Medical Examination report dated 07.11.2013 and a letter dated 07.11.2013; vide which the petitioner was not allowed to join the services in the respondent bank as Probationary Officer. It is submitted that the impugned Medical report was prepared for a pre-recruitment Medical Examination which was conducted by the Respondent Bank, whereby the petitioner was declared as “unfit at present” to join the duties as Probationary Officer.

3. Thus, the question that arises to be considered by this Court is as to whether a person who is otherwise fully qualified for a post can be denied employment on the ground of his medical condition.

4. The petitioner has completed his academic qualification and possesses the degrees in B.C.A. and M.C.A. (Hons.) with specilization in Computer Applications securing 75.22% and 72% respectively completed in the year 2010 and 2013. Finding himself fit for carrying on the normal work routine












































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