Citation : 2025 Latest Caselaw 2380 Del
Judgement Date : 20 February, 2025
$~53
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2206/2025, CM APPL. 10384/2025 & CM APPL.
10385/2025
STAFF SELECTION COMMISSION & ORS. .....Petitioners
Through: Mr. Vineet Dhanda, CGSC with
Mr. Vikrant N. Goyal, Ms. Shweta
Shandliya and Mr. Saksham Sethi, Advs.
versus
ROHITASH MEENA .....Respondent
Through: Ms. Esha Mazumdar, Mr. Setu
Niket and Ms. Unni Maya S., Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE AJAY DIGPAUL
JUDGMENT (ORAL)
% 20.02.2025
C. HARI SHANKAR, J.
1. The respondent applied for recruitment to the post of Constable (Male) (Exe.) in the Delhi Police. Consequent on clearing the selection, he was subjected to a Detailed Medical Examination1 on 22 January 2024.
2. The DME certified him as unfit on account of "deformity in little finger of the left hand". The respondent was, as per procedure, examined by a Review Medical Board which, on 30 January 2024,
"DME" hereinafter
Signed By:MEENU W.P.(C) 2206/2025 Page 1
referred him to the Guru Tegh Bahadur Hospital, Shahdara2 "to evaluate deformity of left little finger".
3. The GTB Hospital evaluated the respondent and issued a prescription/certificate dated 27 January 2024 stating that the respondent was suffering from the deformity in little finger in his left hand, but also certified that his finger grip strength was normal.
4. On the very next day, i.e. 30 January 2024, a Review Medical Examination3 was conducted by the Review Medical Board, which returned the following findings:-
"Roll No - 2405011765
Name of candidate - ROHITASH MEENA
Sex- MALE
Father Name- DAYARAM MEENA
Identification Marks:
1) One mole on left side of face
2) Mark on Chin
Candidate Signature (in presence of the Medical Board)
3) Reason for Medical Unfitness- Deformity in little finger of left hand.
2) Brief of Review Medical Examination & Finding thereof -
Orthopedic consultation token at GTB Hospital. Deformity of little finger, (opinion attached)
3) Final opinion
(a) FIT
(b) UNFIT on account of- UNFIT due to deformity of left little finger
"the GTB Hospital" hereinafter
"RME" hereinafter
Signed By:MEENU W.P.(C) 2206/2025 Page 2
Place: FHQ BSF Hospital-1, RK Puram, New Delhi Dated, the: 30/01/24 Presiding Officer:
Member-1.
Member-II.
Co-opted Member Result of Review Medical Examination received Signature of the Candidate
Note: The decision of the Review Medical Board will be final. No appeal will be entertained against the finding of the Review Medical Board in Review Medical Examination."
5. The Central Administrative Tribunal4 has directed the respondent to be subjected to a fresh medical examination.
6. We have seen the record and heard learned Counsel for both sides. Keeping in view the fact that the GTB Hospital, to whom the Review Medical Board had itself referred the respondent, had opined that though there was a deformity in the little finger of the respondent's left hand, his grip strength was normal, we do not deem this to be a case for interference with the decision to refer the respondent to a fresh Medical Board.
7. The fresh Medical Board shall take into account the entire records of the respondent, including the decision of the GTB Hospital, and shall assess whether the deformity suffered by the respondent was such as would render him unfit for recruitment as constable in the Delhi Police.
8. Subject to the aforesaid observations, the judgment of the
"the Tribunal" hereinafter
Signed By:MEENU W.P.(C) 2206/2025 Page 3
Tribunal is upheld.
9. The writ petition is disposed of accordingly.
C. HARI SHANKAR, J.
AJAY DIGPAUL, J.
FEBRUARY 20, 2025 sk Click here to check corrigendum, if any
Signed By:MEENU W.P.(C) 2206/2025 Page 4
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