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HIGH COURT OF DELHI
Date of Decision: 14.01.2026
AMAN KUMAR .....Petitioner
Through: Mr. Abhay Kumar Bhargava, Mr. Satyaarth Sinha, Ms. Shradha Mewati and Mr. Ajinkya Dhalwade, Advs.
Through: Mr. Lajpat Rai, SCP, Mr. Rupender Sharma, GP, Mr. Tarun Kumar, Adv., Mr. Vinod Sawant, Law Officer, Mr. Vinod Sawant, Law Officer, Insp.
Athurv and Mr. Ramniwas Yadav.
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
V. KAMESWAR RAO, J. (ORAL)
JUDGMENT
1. This petition has been filed with the following prayers:- “i. Issue a writ of certiorari or any other appropriate writ, order, or direction, thereby quashing the opinion of the Review Medical Board dated 02.12.2025 as well as the opinion of the Medical Board dated 01.12.2025 whereby the Petitioner has been found unfit; ii. Issue a writ of mandamus or any other appropriate writ, order, or direction, thereby directing the medical reexamination of the Petitioner by an independent Medical Board constituted at an independent Government hospital such as Army Hospital (Research and Referral), New Delhi, or any other hospital as deemed fit by this Hon'ble Court, IN THE LIGHT OF THE JUDGMENT IN W. P.(C) 1370/2024 TITLED SHUBHAM MALIK VS.
UNION OF INDIA & ORS., DECIDED ON 31.01.2024; iii. Issue a writ of mandamus or any other appropriate writ, order, or direction directing the Respondents to consider the report of the independent Medical Board and proceed to appoint the Petitioner to the post of Constable (GD) in CRPF in accordance with law, if found medically fit; iv. Pass any other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case and in the interest of justice, equity, and good conscience.”
2. In effect the petitioner is challenging the opinion of Medical Board dated 01.12.2025 and Review Medical Board dated 02.12.2025.
3. Mr. Abhay Kumar Bhargava, learned counsel for the petitioner submits that the respondents on the basis of medical examination by the Medical Board and the Review Medical board, wherein, the hemoglobin reading was measured as 7.[9] gm%, the petitioner was declared as unfit. He has drawn our attention to Annexure-P[4] of the paperbook to contend that the petitioner had got his hemoglobin tested in a Lab at Community Health Center, Jaspur, Udham Singh Nagar, wherein the reading was measured as 13.[2] gm%.
4. It is Mr. Bhargava’s submission that in view of the investigation report of the Community Health Center, Jaspur, Udham Singh Nagar, there is likelihood that the readings of the Medical Board/Review Medical Board, are erroneous.
5. He submits that the petitioner is ready to submit himself for a fresh examination by the Review Medical Board at Dehradun.
6. If that be so, we dispose of the writ petition, directing the respondents to undertake a fresh test of hemoglobin level of the petitioner and then proceed in accordance with law. The same shall be carried out within one week from today, on the date and time to be informed to the petitioner, two days in advance.
7. The petition is disposed of.
V. KAMESWAR RAO, J
MANMEET PRITAM SINGH ARORA, J JANUARY 14, 2026 rk