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2023 Supreme(Online)(DEL) 5159

HIGH COURT OF DELHI
DR. YATIN MALHOTRA – Appellant
Versus
UNION OF INDIA – Respondent


JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner, inter alia, seeks setting aside of the final merit list dated 18.02.2021 whereby petitioner has been rejected on the ground of him being declared medically unfit.

2. Respondents invited applications for grant of Short Service Commission in the Armed Forces Medical Services. Petitioner had applied for the same and qualified the Initial written examination and also the interview. However, in the medical examination, the Special Medical Board declared the petitioner as UNFIT on account of inter alia ‘V’ shaped deep palate (Dental).

3. Petitioner was further examined by the Appeal Medical Board on 09.10.2020 which also declared petitioner UNFIT due to non- functional Occlusion on left side. However, with regard to the other grounds for which the petitioner was declared unfit by the Special Medical Board, he was found fit.

4. Petitioner, thereafter, applied for a Review Medical Board, the Review Medical Board held on 23.12.2020, once again found the petitioner as UNFIT for Less Dental Points (Non-Functional occlusion on left side).

5. The original record of Medical Board Examination of the petitioner has been produced before us and has been

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