Sunil Kumar vs Union of India - 2023 Supreme(J&K) 53

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2023 Supreme(J&K) 53

SANJEEV KUMAR
Sunil Kumar – Appellant
Versus
Union of India – Respondent

Advocates Appeared:
For the Petitioner: P.S. Parmar.
For the Respondent: Eishaan Dadhichi.

JUDGMENT :

1. This writ petition has been filed for the following prayers :

(i) Quashing the finding of review Medical Examination Board dated 30.08.2016 as the members of the review medical examination Board belong to the branches of Medicine other than dermatology and, therefore, not competent to render opinion in respect of fitness of petitioner for the service;

(ii) Mandamus directing the respondents to allow the petitioner to join as constable GD in BSF on the basis of medical fitness certificate issued by Dr. Rajesh Sharma, Lecturer, Department of Dermatology, Government Medical College/SMGS, Hospital, Jammu; and,

(iii) Mandamus directing the respondents to constitute a fresh review medical examination board consisting of members from the department of Dermatology for fresh medical examination of the petitioner at the earliest.

2. In response to an Advertisement Notice dated 24.01.2015 issued by the respondents, the petitioner applied for the post of Constable GD in Border Security Force ['BSF'] under OBC Category and cleared all the examinations. He was, thereafter, called for Medical Examination on 30.05.2016. However, during the course of medical examination, he was declared me

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