FAIZAN SIDDIQUI Vs. SASHASTRA SEEMA BAL

JUDGEMENT

(1.) The instant case arises in unique facts relating to medical fitness of a female candidate seeking recruitment to Sashastra Seema Bal who had been diagnosed as suffering from a hormonal anomaly which is described as a 'Disorder of Sexual Differentiation' and had undergone the necessary surgery and thereafter placed on hormonal replacement therapy who has been found physically fit despite her having been found unfit in all evaluation tests. The medical unfitness was certified by the doctors of the Sashastra Seemfa Bal who did not have expertise in the concerned field and without any expert opinion or scientific material.

(2.) The petitioner Faizan Siddiqui assails the rejection of her candidature for the post of Constable (General Duty) Female in the Sashastra Seema Bal ( 'SSB' hereafter) on grounds of medical unfitness by a medical examination conducted on 3 rd February, 2008 and the review medical board conducted on 25 th April, 2008.

(3.) The SSB had published an advertisement in the Employment News dated 24-30 th November, 2007, also uploaded on the SSB website, inviting applications for appointment to 128 vacancies for the post of Constable (GD) Female to be filled from the UP State. Overall 763 vacancies were notified for various states and Union Territories. The recruitment notice informed the candidates that their place of duty would be anywhere within as well as outside the territory of India.