IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

Present:

The Hon’ble Justice Ananya Bandyopadhyay

W.P.A. 16847 of 2017

Minarul Sk.

-Vs-

The Union of India & Ors.

For the Petitioner : Mr. Ashim Banerjee For the Respondents/UOI : Ms. Chandreyi Alam

Heard on : 19.08.2024, 07.10.2024, 07.01.2025,

07.08.2025, 12.08.2025

Judgment on : 02.09.2025

Ananya Bandyopadhyay, J.:-

1. The petitioner has invoked the writ jurisdiction of this Hon’ble Court seeking

a mandamus to set aside the order of termination from the post of Constable (GD), 113 Bn. BSF, on the ground of unfitness for service, alleging such action was taken without due procedure, without affording an opportunity of hearing, and in contravention of Section 47 of the Persons with Disabilities

(Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

2. The petitioner was duly appointed to the post of Constable (GD) in BSF on

30.10.2013 and posted at Jodhpur. During service, he suffered a medical condition for which he was treated at MG Hospital, Jodhpur, where the

attending neurologist opined that there was no recurrence of epileptic episodes and recommended continuation in service under medication.

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