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2022 DIGILAW 33 (RAJ)

Ramchandra Nath Siddh Son Of Poos Nath Siddh v. Union Of India

2022-01-05

MAHENDAR KUMAR GOYAL

body2022
JUDGMENT Mahendar Kumar Goyal, J. - Learned counsel for the petitioner submits that after remaining successful in all phases of the Sub-Inspector in Delhi Police, CaPFS and assistant Sub-Inspector in CISF Examination, 2019, candidature of the petitioner has been rejected on account that he is suffering from Cubitus Valgus without specifying its degree whereas, as per the certificate issued by the SMS Medical College, his carrying angle is below 15 degree i.e. within the permissible limit of 20 degree as per the Clause-7 of the guidelines for Recruitment Medical Examination in Central armed Police Forces and assam Rifles issued by the Government of India through Ministry of Home affairs (Police Division-II). He submits that another ground assigned for rejecting his candidature is tattoo mark on his right forearm which also, as per medical certificate dated 10.12.2021 issued by a subject expert, is not visible and he has been declared medically fit. Learned counsel submits that in SBCWP no.14137/2021, amit Kumar Bhambhu Vs. The Union of India & Ors. involving identical controversy, this Court has been pleased vide order dated 06.12.2021, to grant interim relief while issuing notice. He prays for similar relief. 2. Issue notice of the writ petition as well as of stay application. Rule is made returnable by five weeks. Notices be filed in two sets. One set of notices be sent through registered post with acknowledgment due. Steps to be taken within a week. 3. Heard learned counsel for the petitioner on interim relief. Taking into consideration the submissions advanced by the learned counsel for the petitioner and the material on record, this Court deems it just and proper to direct the respondents to keep a post vacant in pursuance of examination, 2019, till further orders. 4. List alongwith SBCWP No.14137/2021 as prayed.