Staff Selection Commission & Ors. v. Rohitash Meena

Delhi High Court · 27 Jan 2024 · 2025:DHC:1339-DB
C. Hari Shankar; Ajay Digpaul
W.P.(C) 2206/2025
2025:DHC:1339-DB
administrative appeal_dismissed Significant

AI Summary

The Delhi High Court upheld the Tribunal's order directing a fresh medical examination for a police constable candidate declared unfit due to finger deformity, emphasizing assessment of functional capacity alongside deformity.

Full Text
Translation output
W.P.(C) 2206/2025 Page 1
HIGH COURT OF 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 Examination[1] 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 W.P.(C) 2206/2025 Page 2 referred him to the Guru Tegh Bahadur Hospital, Shahdara[2] “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 Examination[3] 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 W.P.(C) 2206/2025 Page 3 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 Tribunal[4] 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 W.P.(C) 2206/2025 Page 4 Tribunal is upheld.

9. The writ petition is disposed of accordingly.

C. HARI SHANKAR, J.