Supreme Court of India · 2013-01-08
NAND KISHORE MISHRA vs U.O.I.
- Citation / case number
- SC 2011/5552
- Court
- Supreme Court of India
- Petitioner
- NAND KISHORE MISHRA
- Respondent
- U.O.I.
- Author
- RANJANA PRAKASH DESAI AFTAB ALAM
- Bench
- RANJANA PRAKASH DESAI AFTAB ALAM
Judgment text excerpt
The Supreme Court ruled that the denial of Short Service Commission to the appellant, Nand Kishore Mishra, based on his medical classification SHAPE-II due to an amputation injury sustained while on duty, was unjustified. The Court emphasized that the eligibility criteria in the Notification dated January 19, 2007, allowed for exceptions for candidates with disabilities resulting from active service, thus establishing that the appellant's case warranted consideration under SHAPE-II. The Court held that the appellant should be granted the commission, overturning the decision of the Armed Forces Tribunal.