IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 23887 of 2007 Between: Viswanath Shamrao Patil, S/o. Shamrao Dnyanu Patil, R/o. Type-III/50, NISA, Central Industrial Security Force, Hakimpet, Hyderabad - 500 078. ..... PETITIONER AND 1 The Union of India, Ministry of Home Affairs, New- Delhi. 2 The Director General Central Reserve Police Force, CGO Complex, Block No.1, Lodhi Road, New Delhi - 110 003. 3 Additional Deputy Inspector General of Police (Personal) CGO Complex, Block No.1, Lodhi Road, New Delhi - 110 003. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the respondents in disqualifying the petitioner to the post of Assistant Commandant (GD) on the ground of presence of Lipoma on his body as illegal, arbitrary and without jurisdiction and issue consequential directions to the respondents to consider the candidature of the petitioner for appointment to the post of Assistant Commandant (GD) in Central Industrial Security Force as per the rank in merit list forthwith and pass such other orders as deem fit and proper in the facts and circumstances of the case. Counsel for the Petitioner:MR.D.KRISHNA MURTHY Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 23887 of 2007 ORDER: The petitioner was appointed as a Sub-Inspector in C.I.S.F on 16.04.1997. The appointment to the post of Assistant Commandant is on the basis of performance in various tests, even for internal candidates. On 29.11.2006, the 2nd respondent issued a notification inviting applications from the internal candidates for the said post. The petitioner appeared in the written test, interview and had undergone physical efficiency test. At one stage of the selection process, he was not considered, on the ground that “multiple neurofibramatoses” were noticed on his body. The petitioner approached this Court assailing the action of the respondents in treating him as medically unfit. The respondents filed a counter affidavit, stating that the masses noticed on the body of the petitioner reflect his unfitness and that no exception can be taken to the rejection of his candidature. It is also stated that even otherwise, the petitioner is not qualified, since he obtained only 235 out of 400 marks, whereas 278 marks were secured by the last candidate in the selection list. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. The petitioner contends that the disqualification alleged against him is not supported by any Rule and that when he is able to function as Sub-Inspector, with the present physical condition, there is no basis for rejection of his candidature. This Court would have examined the contention of the petitioner, but for the fact that he was not found fit in other aspects. It is a matter of record that the petitioner secured 235 out of 400 marks, whereas the marks secured by the last candidate in the selection list are 278. Therefore, the writ petition is dismissed as infructuous. It is, however, made clear that the question as to whether the petitioner suffers from any medical disability would be considered, as and when the situation arises, and the dismissal of this writ petition shall not be treated as the final pronouncement on that question. There shall be no order as to costs. ________ 17.03.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 23887 of 2007 Date: 17.03.2008 JSU