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2025 DAILYLAW 10045 (JK)

UNION OF INDIA MINISTRY OF HOME AFFAIRS TH. SECRETARY TO GOVT. OF INDIA v. AMAN KUMAR

LPA/142/2024 · 2025-12-30

Moksha Khajuria Kazmi, Rajnesh Oswal

body2025

Judgment text

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Sr. No. 14 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU LPA No. 142/2024 Union of India and Ors. …. Appellant(s)/Petitioner(s) Through:- Mr. Vishal Sharma, DSGI. V/s Aman Kumar …..Respondent(s) Through:- Mr. Jasbir Singh Jasrotia, Advocate. CORAM : HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE. HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE. ORDER 30.12.2025 1. The appellants are aggrieved of judgment dated 19.12.2023 passed by the learned writ Court, whereby the appellants have been directed to convene the medical board for re-examination of the respondent and if found fit to perform the duties of Constable (GAD) in terms of revised guidelines, 2015, offer him the appointment. 2. The record reveals that the candidature of the respondent was rejected during the medical examination as he was found medically unfit on account of “Hypopigmented Patches over back and Neck and Over Weight”. Thereafter, the respondent appeared before the Review Medical Board and he was again declared medically unfit on account of “Nevus Depigmentosus”. 3. Learned Writ Court while rendering the judgment impugned in this appeal has extracted the relevant paragraph of the revised guidelines 2 which we do not find necessary to reproduce herein. The learned Writ Court has further referred to the certificate issued by the Government doctor, who has declared the respondent as medically fit for the post in question. 4. By taking into consideration the revised guidelines and certificate issued by the Government doctor, the learned Writ Court has simply directed the appellants to convene the medical board for re-examination of the respondent and in fact, has not at all dealt with the merits of the claims of the respective parties. The appointment of the respondent has been made contingent upon the decision/opinion of the review medical board after the respondent is re-examined. 5. In view of the above, no good ground is made out for interference by this Court. The appeal is found to be misconceived and, as such, is dismissed as being bereft of any merit. (Moksha Khajuria Kazmi) (Rajnesh Oswal) Judge Judge JAMMU 30.12.2025 NEHA-1 Neha Kumari 2025.12.31 15:03 I attest to the accuracy and integrity of this document