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2022 Supreme(HP) 365

TARLOK SINGH CHAUHAN, VIRENDER SINGH
Rakesh Kumar, S/o. Shri Dharam Singh – Appellant
Versus
Union of India, Through Its Secretary, Ministry of Home Affairs – Respondent


Advocates Appeared:
For the Petitioner: Sh. Kishore Pundee & Shriram Vishwanath Bhardwaj.
For the Respondent: Sh. Balram Sharma, Assistant Solicitor General of India.

ORDER :

The instant petition has been filed for the grant of following substantive reliefs:-

    (a) That the findings of the Detailed Medical Examination (DME) and Review Medical Examination (RME) Board, Annexure P-6, may kindly be quashed and set aside.

(b) That the findings given by the Cardiologist, Associate Professor, Department of Cardiology, IGMC, Shimla, with respect to the medical fitness of the petitioner for the post of Constable (Driver) ITBP may kindly be taken into consideration and accepted; or

(c) Alternatively, if the relief as sought for in clause (b) of the relief clause, supra refused, the respondents may kindly be directed to constitute the independent medical board for the medical examination of petitioner and to look into his medical fitness for the post of Constable (Driver) ITBP afresh.

(d) That if the relief sought for in sub-clause (a) and (b) of the relief clause supra accepted in that event the respondents may be directed to consider the case of petitioner for the appointment of post of Constable (Driver) as detailed in the petition.

2. The respondents vide its advertisement dated 23.01.2018 invited online applications for the post of Constable (Driver). The pet

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