Staff Selection Commission v. Shivanshu

Delhi High Court · 22 Jan 2024 · 2025:DHC:988-DB
C. Hari Shankar; Ajay Digpaul
W.P.(C) 1830/2025
2025:DHC:988-DB
administrative petition_dismissed

AI Summary

The Delhi High Court upheld the Tribunal's direction for a fresh medical examination of a recruitment candidate claiming cure of haemorrhoids, making the fresh examination final and binding.

Full Text
Translation output
W.P.(C) 1830/2025
HIGH COURT OF DELHI
W.P.(C) 1830/2025, CM APPLs. 8819/2025 & 8820/2025
STAFF SELECTION COMMISSION & ORS. .....Petitioners
Through: Mr. Premtosh K. Mishra, CGSC
WITH
Mr. Manish Vashisht and Ms. Sanya Kalsi, Advs.
VERSUS
SHIVANSHU .....Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE AJAY DIGPAUL
ORDER (ORAL)
13.02.2025 C. HARI SHANKAR, J.
JUDGMENT

1. The respondent in this case had applied for recruitment as Constable in the Delhi Police. He was subjected to a medical examination.

2. In the Detailed Medical Examination conducted on 22 January 2024, he was diagnosed as suffering from haemorrhoids and knock knee.

3. A Review Medical Examination was conducted a mere five days thereafter, and it was opined, quite obviously, that the W.P.(C) 1830/2025 haemorrhoids was persisting. No knock knee was found.

4. We fail to understand, as to how, in five days, haemorrhoids could vanish.

5. The respondent contended that he had thereafter undertaken surgery and haemorrhoids had been cured.

6. In that view of the matter, as there is no other physical disability in the respondent, we find no reason to interfere with the judgment of Central Administrative Tribunal which directs that he be re-examined whether the haemorrhoids persists.

7. Nonetheless, we make it clear that the respondent would be bound by the decision of the fresh medical examination and would not be entitled to any further chance.

8. The writ petition is, accordingly, disposed of with the aforesaid clarification.

C. HARI SHANKAR, J.