ASHOK DUKIYA Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of the present writ petition, the petitioner has challenged rejection of his candidature by the Medical Board and Review Medical Board. Medical Board in its report dtd. 19/9/2020 found the petitioner unfit for the following reasons:

(2.) Feeling aggrieved of above report dtd. 19/9/2020, petitioner applied for review medical examination; which was conducted on 5/1/2021 and the Review Medical Board, while giving clean chit for haemorrhoids declared the petitioner unfit for the post of Head Constable (Radio Operator) for having birth mark (congenital Melanolytic Nevus).

(3.) Mr. Ramit Mehta, learned counsel for the petitioner inviting Court's attention towards photograph - Annex. 12, submitted that the petitioner is having birth mark at his left elbow and it is nothing more than a cosmetic problem, thus, rejection of his candidature is illegal and arbitrary.