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2023 Supreme(UK) 491

MANOJ KUMAR TIWARI, VIVEK BHARTI SHARMA
Neeraj Tikedar – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S.K. Mandal, learned counsel
For the Respondent: Mr. V.K. Kaparuwan, learned Standing Counsel

JUDGMENT :

Manoj Kumar Tiwari, J.

This intra-court appeal is filed by writ petitioner challenging the judgment and order dated 19.07.2022, passed by learned Single Judge, in Writ Petition No. 846 (S/S) of 2018.

2. Operative portion of the impugned judgment is reproduced below :

    “9. In that view of the matter, since consistently the medical examination, which was conducted upon the petitioner either by the Medical Board of the respondents’ department or by the Chief Medical Officer of the State, the petitioner had been consistently found to be suffering from medical discrepancies, due to which he could not be considered for grant of compassionate appointment, as against the post for which, he has applied.

10. In view of the said apparent physical anomaly, the rejection of the candidature of the petitioner by the impugned order dated 7th March 2018 cannot be said to be suffering from any defect of the procedural aspect, contained in the Standing Orders, referred to hereinabove, governing the grant of compassionate appointment.

11. Hence, the rejection of the petitioner’s appointment on compassionate ground was justified and it didn’t suffer from any apparent error, because the examination

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