Siddhant Krantivir Tayade v. Union Of India, Thr. Secretary, Ministry Of Home Affairs, New Delhi And ORS.

2025:BHC-NAG:1448-DB 1 64.WP.7025-2024 CORRECTED.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 7025 OF 2024 ( Siddhant Krantivir Tayade Vs.

Union of India, Thr. its Secretary, Ministry of Home Affairs, Government of India, New Delhi & Ors. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.A. Chaudhari, Advocate for the Respondents. CORAM: AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

DATED : 4th FEBRUARY, 2025 The learned Counsel for the Petitioner, is absent. 2.

Heard learned Counsel for the Respondents.

3.

The Petition questions the rejection of candidature of the Petitioner as a Constable in CRPF, on account of the Petitioner, having being found to be unfit on account of Nevus depigmentosus, which is indicated from the Medical Examination Report (page 78), on the knee.

4.

It is however material to note, that the policy according to Mr. Chaudhari, learned Counsel for the Respondents, which permits disqualification on this ground speaks that the anomaly, should be of such a nature which would interfere with the functioning. The report at page 78 does not indicate, that the patch on the knee of the Petitioner,

2 64.WP.7025-2024 CORRECTED.odt is of such a nature that it would interfere with his normal functioning.

5.

In that light of the matter declaring the Petitioner as unfit for the post of Constable, cannot be sustained, the same is hereby quashed and set aside and the Respondents are directed to consider the candidature of the Petitioner for the post of Constable (GD) in Central Armed Police Forces Corrected as per Courts order dated 10-02-2025.

(CAPFs), SSF, and Rifleman (GD) in Assam Rifles Examination, 2024, if otherwise there is no any impediment in that regard.

6.

The Petition is accordingly allowed in the above terms. No costs.

7.

Pending application/s, if any, shall stand disposed of accordingly.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 13/02/2025 16:48:07