Decided on February 02,2022

Shambhu Debnath Appellant
UNION OF INDIA Respondents


Indrajit Mahanty; CJ - (1.)Heard learned counsel for the respective parties.
(2.)This writ petition has come to be filed by the petitioner, namely Sri Shambhu Debnath who appeared in the selection process pursuant to one advertisement dtd. 21/7/2018 issued by the Staff Selection Commission for recruitment to the post of Constable (GD) in the Central Armed Police Forces (CAPFs), NIA, SSF and Rifleman (GD) in Assam Rifles (AR). The recruitment process adopted consists of a Computer Based Examination, Physical Efficiency Test, Physical Standard Test and Medical Examination. The petitioner, admittedly, was declared qualified in the Computer Based Examination, Physical Efficiency Test and Physical Standard Test. It is further stated that on 24/1/2020, the petitioner appeared for Detailed Medical Examination (DME) and after going through the test, he has been declared unfit/unqualified inter alia on the ground that the petitioner had a huge "naevus" on right side of his abdomen. Although the petitioner claimed that the said nevus was a birthmark and it is also alleged that the guidelines do not anywhere prescribe rejection in the event a candidate is found with nevus. Yet since the petitioner was declared unfit/unqualified he filed the present writ petition.
(3.)A counter-affidavit came to be filed by the respondents and it may be pertinent to note herein that this Court vide order dtd. 20/10/2020 directed the respondents to include the petitioner in the final select list provisionally subject to further orders that may be passed in this petition and through affidavit dtd. 12/4/2021, it is admitted by the respondents that pursuant to said direction one post has been kept reserved awaiting outcome of the present writ petition.

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