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2023 Supreme(J&K) 40

RAJNESH OSWAL, MOHAN LAL
Syed Amjid Hussain – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: M.M. Khan.
For the Respondent: T.M. Shamsi.

JUDGMENT :

Rajnesh Oswal, J.

1. The Appellant is aggrieved of Judgment dated 11th of October, 2017 passed by the learned Writ Court in SWP No. 1648/2015, whereby the Writ Petition filed by the Appellant; challenging the action of the Respondents in not appointing him as Constable on account of him being medically unfit; has been dismissed.

2. The case of the Appellant is that he qualified the written examination and trade test conducted by the Respondents for the post of Constable (Technical/ Trade), but was, thereafter, declared unfit for the said post during the medical examination on 29th of April, 2015. Feeling aggrieved thereby, the Appellant preferred an appeal against the declaration of the aforesaid medical unfitness before the competent authority, pursuant to which the Appellant was again examined by the Review Medical Board which, too, declared him unfit on account of defect in colour vision on 22nd of June, 2015. Thereafter, the Appellant assailed the said Order before the learned Writ Court on the ground that the colour vision of the Appellant was normal in both the eyes as per the certificate issued by the Medical Board of District Hospital, Baramulla and that, on 22nd of

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