Delhi High Court

Munna Kumar Yadav vs Union Of India & Ors on 1 May, 2025

Author: C. Hari Shankar

Bench: C. Hari Shankar

                   $~74
                   *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                   +           W.P.(C) 2995/2025
                               MUNNA KUMAR YADAV                      .....Petitioner
                                          Through: Mr. Ranjan Mukherjee with
                                          Mr. Shantanu Bhowmick, Advs.

                                                  versus

                               UNION OF INDIA & ORS.                  .....Respondents
                                             Through: Mr. Ajay Kumar Pandey, SPC
                                             with Mr. Rishav Dubey, GP, Mr. Sheeshpal
                                             Singh Negi, AC/CISF, Mr. Devenda,
                                             SI/CISF, Mr. Amit Kumar, SI/CISF and Mr.
                                             Rahul Sinha, SI/CISF

                               CORAM:
                               HON'BLE MR. JUSTICE C. HARI SHANKAR
                               HON'BLE MR. JUSTICE AJAY DIGPAUL
                                                  JUDGMENT (ORAL)

                   %                                 01.05.2025

                   C. HARI SHANKAR, J.

1. Mr. Mukerjee, learned Counsel for the petitioner, points out that the disability, on the basis of which the petitioner had been declared unfit by the Review Medical Board for appointment as Assistant Sub- Inspector1 in the Central Industrial Security Force2 was his inability to flex his left index finger.

2. He has drawn our attention to the documents now placed on record by the respondents under cover of an affidavit dated 1 April

"ASI" hereinafter

"CISF", hereinafter W.P.(C) 2995/2025

2025, filed by one Mr. Dilip Kumar, Senior Commandant/ADM, CISF.

3. The medical documents relating to the petitioner have been placed on record under the said affidavit.

4. Page 5 of the affidavit is an OPD prescription by the Unit Dispensary, SSG Greater Noida, CISF, which notes a tentative opinion that the petitioner was unable to flex his left index finger and referred the matter to the OPD of the Orthopaedics Department.

5. That department has, however, on the very next day i.e. 7 December 2024, certified that the petitioner is able to flex his left index finger.

6. The sole ground on which the petitioner was treated as 'unfit' for appointment as ASI in the CISF was that he was unable to flex his left index finger. After the report dated 7 December 2024 of the CAPFS, Referral Hospital, Greater Noida, to the effect that the petitioner is able to flex his left index finger, this ground does not survive.

7. The memorandum dated 5 December 2024 by which the petitioner was declared unfit for appointment as ASI on the ground that he could not flex his left index finger is therefore quashed and set aside. The petitioner is declared as 'fit' for appointment to the post of ASI in the CISF.

W.P.(C) 2995/2025

8. The respondents are directed to take consequential action in accordance with law.

9. The petitioner would be entitled to appointment along with the batch with which he had been selected and considered, and to join the training with the said batch, which is said to be ongoing.

10. The writ petition is allowed in the aforesaid terms.

C. HARI SHANKAR, J.

AJAY DIGPAUL, J.

MAY 1, 2025/an Click here to check corrigendum, if any

W.P.(C) 2995/2025