Delhi High Court
U.O.I & Ors. vs Km Alka on 25 November, 2024
Author: Navin Chawla
Bench: Navin Chawla
$~258
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 25.11.2024
+ W.P.(C) 14539/2024 & CM APPL. 60960/2024, CM APPL.
60961/2024
UNION OF INDIA & ORS. .....Petitioners
Through: Mr.Premtosh K. Mishra, CGSC
with Mr.Manish Vashisht and
Ms.Sanya Kalsi, Advs.
versus
KM ALKA .....Respondent
Through: Mr.Anand Farmania, Mr.Pawan
Kumar, Mr.Ujjwal Bhardwaj,
Mr.Vishal Arun Mishra and
Ms.Komal Goyal, Advs.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE SHALINDER KAUR
NAVIN CHAWLA, J. (Oral)
1. This petition has been filed by the petitioners challenging the
Order dated 16.05.2024 passed by the learned Central Administrative
Tribunal, Principal Bench, New Delhi in O.A. No. 1199/2024, titled
KM Alka v. The Department Of Personnel & Training, Through its
Secretary Ministry of Personnel, Public Grievance & Pension &
Ors., whereby the said Original Application of the respondent herein
has been allowed in the following terms:
"7. In view of what has been outlined above,
we dispose of the O.A., at admission stage
itself, with a direction to the competent
authority to allow the applicant to appear for
a fresh medical examination for which the
respondents shall constitute an appropriate
medical board in any government medical
hospital except for the one in which the initial
medical examination was conducted. These
directions shall be complied with within a
period of eight weeks from the date of receipt
of a certified copy of this order."
2. The learned counsel for the petitioners submits that after a
Detailed Medical Examination (DME) of the respondent was
conducted, the respondent was declared medically unfit for
appointment to the post of Constable (Executive) as her hemoglobin
was discovered to be 9.0 gm/dL, as is also evident from the report
dated 23.01.2024, placed on record. Even in the Review Medical
Examination dated 29.01.2024, her hemoglobin was found to be 9.09
gm/dL, which is below the permissible range. The learned counsel for
the petitioners submits that, therefore, the respondent was rightly
declared as unfit for appointment, however, the learned Tribunal has
erred in directing a re-examination of the respondent herein only on
the basis of some medical reports obtained by her.
3. On the other hand, the learned counsel for the respondent
submits that anemia is not mentioned as a disqualification for
appointment to the post of Constable (Executive). The learned counsel
also places reliance on the reports obtained by the respondent which
show that she is not suffering from anemia.
4. In this regard, the learned counsel has also placed reliance on a
report of the All India Institute of Medical Sciences, New Delhi, dated
01.02.2024, which has found the respondent's hemoglobin to be 12.0
g/100mL, that is, within the permissible range.
5. We have considered the submissions made by the learned
counsels for the parties.
6. This Court vide its judgment dated 14.11.2024 passed in
W.P.(C) 13998/2024, titled Staff Selection Commission & Ors. v.
Sanjoo Patel, in similar facts, has held as under:-
"15. In these circumstances, especially as the
DME had rated the respondent only as
temporarily unfit and not as unfit for
appointment, and, within five days, her
Haemoglobin count had risen from 8.5 to 8.9,
we feel, that in the interests of justice and
without treating it as a precedent, we should
not interfere with the decision of the Central
Administrative Tribunal to allow the
respondent to be re-examined once again.
16. Accordingly, we affirm the decision of the
Tribunal and dismiss this writ petition."
7. In view of the above, and as in the present case as well, the
Haemoglobin of the respondent is stated to have increased to within
the permissible limit, we find no merit in the present petition. The
same is accordingly dismissed.
8. The pending applications also stand disposed of.
NAVIN CHAWLA, J
SHALINDER KAUR, J
NOVEMBER 25, 2024/sg/as
Click here to check corrigendum, if any
