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2021 Supreme(Raj) 1076

DINESH MEHTA
Ashok Dukiya – Appellant
Versus
Union of India, Through the Secretary, Ministry of Home Affairs (Police Division-II) – Respondent


Advocates Appeared:
For the Petitioners: Mr. Ramit Mehta, Mr. Saurabh Maheshwari
For the Respondents: Mr. Mukesh Rajpurohit, ASG, Mr. Navneet Singh Birkh

JUDGMENT :

DINESH MEHTA, J.

By way of the present writ petition, the petitioner has challenged rejection of his candidature by the Medical Board and Review Medical Board. Medical Board in its report dated 19.09.2020 found the petitioner unfit for the following reasons:

    (i) Melanoma on Posterior Aspect of Right Arm.

(ii) Haemorrhoids

2. Feeling aggrieved of above report dated 19.09.2020, petitioner applied for review medical examination; which was conducted on 05.01.2021 and the Review Medical Board, while giving clean chit for haemorrhoids declared the petitioner unfit for the post of Head Constable (Radio Operator) for having birth mark (congenital Melanolytic Nevus).

3. Mr. Ramit Mehta, learned counsel for the petitioner inviting Court's attention towards photograph - Annex.12, submitted that the petitioner is having birth mark at his left elbow and it is nothing more than a cosmetic problem, thus, rejection of his candidature is illegal and arbitrary.

4. Inviting Court's attention towards the revised uniform guidelines dated 20.05.2015, issued by the Ministry of Home Affairs, Govt. of India for Recruitment Medical Examination In Central Armed Police Forces & Assam Rifles, he submitted

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