NILESH KUMAR YADAV vs CISF AND ANR.

Judgment text excerpt

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 24.01.2025 + W.P.(C) 933/2025 NILESH KUMAR YADAV .....Petitioner Through: Mr.Rajesh Srivastava, Mr.Rajesh K. Singh, Mr.Amit Pandey and Mr.Gaurav Verma, Advs. versus CISF AND ANR. .....Respondents Through: Mr.Vinay Yadav, SPC with Mr.Amit Acharya, GP, Mr.R. Venkat Prabhat, Mr.Abhinav M. Goel, Mr.Ansh Kalra and Mrs.Kamna Beharani, Advs. DC Vikash Kumar, CISF, SI Prahlad Devenda and SI Amit Kumar, CISF. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON’BLE MR. JUSTICE MANOJ JAIN NAVIN CHAWLA, J. (Oral) CM APPL. 4556/2025 (Exemption) 1. Allowed, subject to all just exceptions. W.P.(C) 933/2025 & CM APPL. 4555/2025 2. This petition has been filed by the petitioner, challenging the Report dated 06.12.2024 of the Detailed Medical Board and the Report dated 12.12.2024 of the Review Medical Board (RMB), Signature Not Verified Digitally Signed W.P.(C) 933/2025 Page 1 of 8 By:SUNIL Signing Date:28.01.2025 20:02:39 whereby the petitioner has been declared „unfit‟ for appointment to the post of Assistant Sub Inspector (Executive) through the Limited Departmental Competitive Examination (LDCE) for the year 2022, finding him to be suffering from “Right Testicular Hypertrophy”. 3. The learned counsel for the petitioner, placing reliance on Clause (XIII) (3) (e) of the Guidelines for Recruitment Medical Examination in Central Armed Police Forces (CAPFs) and Assam Rifles as on May 2015 (hereinafter referred to as „Guidelines‟), submits that the said Guidelines would not render the petitioner „unfit‟ for appointment as in the present case when the petitioner got himself examined at the All India Institute of Medical Sciences, New Delhi (AIIMS), it was reported that the petitioner is suffering from only „Minimal Hydrocele‟ on the r