Manish Kumar Mishra v. Union of India

Delhi High Court · 07 Dec 2024 · 2025:DHC:3208-DB
C. Hari Shankar; Ajay Digpaul
W.P.(C) 1577/2025
2025:DHC:3208-DB
administrative petition_allowed

AI Summary

The Delhi High Court set aside a medical board's disqualification of a candidate for CISF appointment, holding that absence of functional limitation despite partial finger amputation entitles fitness certification.

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W.P.(C) 1577/2025
HIGH COURT OF DELHI
W.P.(C) 1577/2025
MANISH KUMAR MISHRA .....Petitioner
Through: Mr. Ranjan Mukherjee
WITH
Mr. Shantanu Bhowmick, Advs.
VERSUS
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Abhishek Khanna, SPC
WITH
Mr. Sheeshpal Singh Negi, AC/CISF, Mr. P 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
ORDER (ORAL)
01.05.2025 C. HARI SHANKAR, J.
JUDGMENT

1. This writ petition assails order dated 7 December 2024 of the Review Medical Board[1] which finds the petitioner unfit for appointment as Assistant Sub Inspector in the Central Industrial Security Forces[2] on the ground of partial amputation of distal phalanx of left ring finger.

2. By order dated 17 February 2025, this Court directed that the petitioner be medically re-examined by the Army, R & R hospital for determining his recent medical status. “RMB” hereinafter “CISF” hereinafter W.P.(C) 1577/2025

3. The Army, R & R hospital has reported that, though there was partial amputation of the distal phalanx of the fourth finger on the left hand of the petitioner, it had not resulted in any functional limitation and that he had a healthy residual stump. The Board has, therefore, certified him to be fit for being appointed as ASI in the CISF.

4. Mr. Abhishek Khanna, learned SPC for the respondents, acknowledges this position.

5. In that view of the matter, the writ petition is entitled to succeed.

6. The order dated 7 December 2024 of the RMB is quashed and set aside.

7. The petitioner is declared to be fit for appointment as ASI in the CISF. The respondent would now proceed to act on the basis of the certificate provided by the Army, R & R hospital and grant consequential reliefs to the petitioner in accordance with the law.

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

C. HARI SHANKAR, J.