ABC Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) We have masked the name of the petitioner in the cause-title of this order and described the petitioners name as 'ABC. We direct the Registry to mask the name of the petitioner as 'ABC wherever it appears in the proceedings.

(2.) By this petition preferred under Article 226 of the Constitution of India, the petitioner seeks quashing and setting aside of the impugned letters dtd. 8/2/2019 and 18/4/2019 passed by the respondent No.2-Superintendent of Nashik Rural, Nashik and also a direction to the said respondent to issue a joining letter to the petitioner in connection with the Nashik Rural Police Recruitment, 2018.

(3.) The petitioner who was aged 19 years at the relevant time, had filed an application for the Nashik Rural Police Recruitment, 2018 under the Scheduled Caste reserved category. The advertisement for the said recruitment was published in the year 2018 and the petitioner filed her application online. The petitioner appeared both, for her written examination as well as physical test and obtained 171 marks out of 200. Thereafter, the petitioner was required to undergo medical examination, which was done at Sir J.J. Group of Hospitals, Mumbai. It appears that the petitioner was informed by the Anatomy Department of Sir J.J. Group of Hospitals, Mumbai, that the medical test of Karyotyping was not done there and sent the petitioner to the National Institute of Immunohaematology for Karyotyping test. It appears that the report given by the National Institute of Immunohaematology for Karyotyping test showed that the blood of the petitioner was found having XY Chromosomes. On receipt of the report, Sir J.J. Hospital of Mumbai issued a letter to the Superintendent of Police, Nashik Rural, Nashik, informing them that they were of the opinion that the petitioner was a Male.