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2011 Supreme(All) 824

SUNIL AMBWANI, JAYASHREE TIWARI
YOGESH DUTT – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Counsel :
Ashok Khare and Siddharth Khare for the Petitioner; Arun Kumar Mishra for the Respondents.

JUDGMENT

By the Court.—We have heard Shri Ashok Khare, Senior Advocate assisted by Shri Siddharth Khare for the petitioner. The office of the Additional Solicitor General of India accepted notice on behalf of the Union of India. The State Bank of India is represented by Shri Arun Kumar Mishra.

2. The petitioner was selected as a Probationary Officer in the selections held in pursuance to the Advertisement No. CRPD/PO/2008-09/04 published by the State Bank of India in unreserved category. By this writ petition he has prayed for quashing the communication of Assistant General Manager (Human Resources), State Bank of India, Human Resource Department, Local Head Office, Bandra East, Mumbai dated 18.5.2009, intimating him that he is medically unfit for the appointment in the bank as Probationary Officer. In the medical examinations conducted on the person of the petitioner, it was reported by Dr. Atul Kumar, Senior Medical Officer, State Bank of India, Varanasi vide report dated 25.4.2009 in columns 15 and 16 that he is unfit to discharge his duties in the service on account of “left eye absent”.

3. The petitioner met with an accident in his childhood. He had to be operated, in which his








































































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