Shambhu Debnath vs Union of India - 2022 Supreme(Tri) 109

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Tri) 109

INDRAJIT MAHANTY
Shambhu Debnath – Appellant
Versus
Union of India – Respondent

Advocates appeared:
Ms. R Purkayastha, Advocate, for the Petitioner; Mr. Bidyut Majumder, Asstt. S.G, for the Respondent

JUDGMENT

Heard learned counsel for the respective parties.

2. This writ petition has come to be filed by the petitioner, namely Sri Shambhu Debnath who appeared in the selection process pursuant to one advertisement dated 21st July 2018 issued by the Staff Selection Commission for recruitment to the post of Constable (GD) in the Central Armed Police Forces (CAPFs), NIA, SSF and Rifleman (GD) in Assam Rifles (AR). The recruitment process adopted consists of a Computer Based Examination, Physical Efficiency Test, Physical Standard Test and Medical Examination. The petitioner, admittedly, was declared qualified in the Computer Based Examination, Physical Efficiency Test and Physical Standard Test. It is further stated that on 24th January 2020, the petitioner appeared for Detailed Medical Examination (DME) and after going through the test, he has been declared unfit/unqualified inter alia on the ground that the petitioner had a huge 'naevus' on right side of his abdomen. Although the petitioner claimed that the said nevus was a birthmark and it is also alleged that the guidelines do not anywhere prescribe rejection in the event a candidate is found with nevus. Yet since the petitioner w