DEPARTMENT OF PERSONNEL AND TRAINING vs KORE NIHAL PRAMOD

Judgment text excerpt

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1893/2025, CM APPLs. 8979/20250, 8980/2025, 8981/2025 & 8982/2025 DEPARTMENT OF PERSONNEL AND TRAINING .....Petitioner Through: Mr. Piyush Beriwal, Mr. Sandip and Ms. Jyotsna Vyas, Advs. versus KORE NIHAL PRAMOD .....Respondent Through: Mr. Raja Choudhary, Mr. Sanyam Jain and Mr. Japdeep Singh Chahal, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 14.02.2025 C. HARI SHANKAR, J. 1. The respondent had participated in the Civil Services Examination, 2022, as a person with disability. He was in possession of a disability certificate which certified him as suffering from 60% disability. He scored the 922nd rank in the examination. 2. He was referred to the All India Institute of Medical Sciences1 for medical examination. The first medical examination report of the AIIMS certified that he was unfit for PWD benefit. It did not, Signature Not Verified W.P.(C) 1893/2025 Page 1 of 4 Digitally Signed By:AJIT KUMAR Signing Date:20.02.2025 11:13:56 however, certify the percentage of disability from which he was suffering. He, therefore, appealed against the said decision. The Appellate Medical Board, in AIIMS certified him as suffering from 9.66% disability in the left ear. The respondent challenged the decision of the Appellate Medical Board on the ground that it was improperly constituted as it had only one member and was in violation of the applicable Regulations. 3. The matter was thereafter carried to this Court by way of WP (C) 15755/2023 in which, by order dated 23 April 2024, this Court directed that the respondent be referred for opinion to the Research and Referral Hospital, which is admittedly an expert hospital. 4. The Research and Referral Hospital certified tha