Delhi High Court
Ssc And Others vs Abhishek on 19 February, 2025
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~91
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 905/2025 & CM APPL. 4447/2025
SSC AND OTHERS .....Petitioners
Through: Ms. Rukhmini Bobde, CGSC
with Mr. Sachin Dhanisa, Mr. Amlaan
Kumar and Mr. Vinayak A, Advs.
versus
ABHISHEK .....Respondent
Through: Ms. Esha Mazumdar with Mr.
Setu Niket, Ms. Chetna and Ms. Unni Maya
S, Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE AJAY DIGPAUL
JUDGMENT (ORAL)
% 19.02.2025
C. HARI SHANKAR, J.
1. The respondent participated in the selection for recruitment as
Constable (Exe) in the Delhi Police. Consequent to having cleared the
selection process, he was subjected to a Detailed Medical
Examination1.
2. The DME report dated 25 January 2024 certified the
respondent as unfit owing to undescended testis.
3. The respondent was, as per procedure, examined by a Review
Medical Board on 27 January 2024.
4. The Review Medical Board referred the respondent to the LNJP
Hospital to rule out the existence of undescended testis.
5. The respondent reported to the LNJP Hospital on the same day
i.e., 27 January 2024. The LNJP hospital, while certifying that the
respondent had left side undescended testis, opined that he would
require an orchidopexy/orchidectomy for which he was required to
report on 31 January 2024.
6. On 31 January 2024 itself, a Review Medical Examination2 was
conducted and the respondent was declared unfit for appointment as
his condition of undescended testis persisted.
7. Ms. Esha Mazumdar, learned Counsel for the respondent,
submits that the respondent in fact underwent surgery at LNJP
hospital on 14 February 2024, and that his condition stands cured.
8. In these circumstances, we are of the opinion that the decision
of the Tribunal that the respondent should be referred to have a fresh
medical opinion does not call for interference for the following
reasons:
(i) The RME was conducted a mere two days after the DME
on 27 January 2024.
DME
(ii) On that date, the Review Medical Board referred the
respondent to LNJP Hospital to rule out the presence of
undescended testis.
(iii) The LNJP Hospital, in its certificate of 27 January 2024,
while certifying that the respondent suffered from undescended
testis, opined that the condition was curable by
orchidectomy/orchidopexy and referred the respondent for the
said procedure on 31 January 2024.
(iv) Without waiting for the outcome of the orchidectomy/
orchidopexy, on 31 January 2024, the Review Medical Board
declared the respondent unfit for appointment.
(v) The respondent claims to have undergone surgery at the
LNJP Hospital on 14 February 2024 and that the condition of
undescended testis stands cured.
9. In these circumstances, it is in the interests of justice that the
respondent be examined once more. We make it clear, however, that
the respondent would be bound by the outcome of the fresh medical
examination and would get no more chances.
10. We also reserve liberty with the petitioner to consider whether
the respondent in his present condition is fit for recruitment as
Constable in the Delhi Police.
RME
11. Subject to the above clarification, the writ petition is disposed
of.
C. HARI SHANKAR, J.
AJAY DIGPAUL, J.
FEBRUARY 19, 2025
dsn
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