Delhi High Court
Staff Selection Commission & Anr. vs Ashish Sharma on 14 February, 2025
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1910/2025, CM APPL. 9014/2025 & CM APPL.
9015/2025
STAFF SELECTION COMMISSION & ANR. .....Petitioners
Through: Ms. Saumya Tandon, Adv.
versus
ASHISH SHARMA .....Respondent
Through: Ms. Esha Mazumdar and
Mr. Setu Niket, Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE AJAY DIGPAUL
JUDGMENT (ORAL)
% 14.02.2025
C. HARI SHANKAR, J.
1. This is a case in which the respondent had applied for
recruitment to the post of Constable (Exe) Male & Female in the Delhi
Police.
2. He was found to be suffering from deformity in the middle
finger of his left hand.
3. The Detailed Medical Examination1 and the Review Medical
"DME", hereinafter
W.P.(C) 1910/2025
Examination2 reports were consistent in this regard.
4. On the ground that the respondent had obtained an opinion from
an outside government hospital stating that he was fit for joining
service, the Central Administrative Tribunal3 has directed that he be
subjected to a Review Medical Board.
5. In view of the judgment of this Court in Priyanka v UOI4 as
well as in Staff Selection Commission v Aman Singh5 we are not
inclined to subscribe to the view held by the Tribunal.
6. Once there is consistency in the reports of the DME and the
RME, ordinarily, the matter would not brook reference to a third
medical examination.
7. However, Ms. Esha Mazumdar, learned Counsel for the
respondent, points out, relying on the judgment of this Court in Staff
Selection Commission v Ravi6, that given the nature of the infirmity
which is a mere deformity in the middle finger of left hand which may
not even be the dominant hand, the petitioner should be directed to
take a call as to whether the deformity would interfere with the normal
discharge of his functions as a Constable in the Delhi Police.
8. The request is reasonable.
"RME", hereinafter
"the Tribunal", hereinafter
2020 SCC OnLine Del 1851
2024 SCC OnLine Del 7600
2024 SCC OnLine Del 8048
W.P.(C) 1910/2025
9. Accordingly, though the respondent would not be entitled to be
considered by a fresh medical board, the petitioner would pass an
order on the issue of whether the infirmity from which the respondent
suffers could impede the performance of his duties as Constable in the
Delhi Police and communicate the decision to the respondent within a
period of two weeks from today.
10. Needless to say, the decision to recruit or not recruit the
respondent as Constable in the Delhi Police would be dependent on
the outcome thereof.
11. Subject to the above modification, the impugned order of the
Tribunal stands upheld.
12. The writ petition stands disposed of accordingly.
C. HARI SHANKAR, J.
AJAY DIGPAUL, J.
FEBRUARY 14, 2025/AS
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W.P.(C) 1910/2025
