STAFF SELECTION COMMISSION & ORS. vs DEEPANSHU GAUTAM

Judgment text excerpt

$~102 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2425/2025, CM APPLs. 11534/2025, 11535/2025 & 11536/2025 STAFF SELECTION COMMISSION & ORS. .....Petitioners Through: Mr. Shashank Dixit, CGSC with Mr. Rohit Gupta, Adv. versus DEEPANSHU GAUTAM .....Respondent Through: Ms. Esha Mazumdar, Mr. Setu Niket and Ms. Unni Maya, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 25.02.2025 C.HARI SHANKAR, J. 1. In this case, the respondent applied for recruitment as Constable (Executive) Male and Female in the Delhi Police. Consequent to clearing written examination, he was subjected to a Detailed Medical Examination 1. The DME opined that he was unfit for recruitment as he suffered from deformity in the ring finger of his left hand. 1 “DME”, hereinafter W.P.(C) 2425/2025 Page 1 of 3 Signature Not Verified Signed By:MEENU KALRA Signing Date:28.02.2025 17:22:48 2. A Review Medical Examination 2 was thereafter conducted which came to the same finding. 3. Despite consistent findings of the DME and the RME, the Central Administrative Tribunal 3 has directed the respondent to be subjected to a fresh medical examination on the basis of an opinion independently obtained by the respondent. 4. In similar circumstances, we have, by our order in Staff Selection Commission v Ashish Sharma4, set aside the direction for a fresh medical examination, but have directed the petitioners to take a view on the suitability of the candidate for recruitment as Constable in the Delhi Police. 5. We have heard Mr. Shashank Dixit, learned Counsel for the petitioners, and Ms. Esha Mazumdar, learned Counsel for the respondent. 6. Both Counsel are agreeable to this matter being disposed of in terms of the order passed by us in Ashish Sharma. 7. According