NITISH KUMAR vs UNION OF INDIA AND ORS

Judgment text excerpt

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 16.01.2025 + W.P.(C) 522/2025 NITISH KUMAR .....Petitioner Through: Mr.Arjun Panwar, Adv. versus UNION OF INDIA AND ORS .....Respondents Through: Mr.Jagdish Chandra, CGSC, Mr.Shubham Kr. Mishra, Adv. with AC Raj Kumar, SI P. Devendo, SI Amit Kumar, SI Rahul Sinha-CISF CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON’BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (Oral) CM APPL. 2436/2025 (Exemption) 1. Allowed, subject to all just exceptions. W.P.(C) 522/2025 & CM APPL. 2435/2025 2. This petition has been filed by the petitioner challenging the Impugned Reports of the Detailed Medical Examination (in short, ‘DME’) dated 06.12.2024, and the Review Medical Examination (in short, ‘RME’) dated 12.12.2024, by which the petitioner has been declared ‘Unfit’ for appointment to the post of Assistant Sub-Inspector (Executive) in the Limited Departmental Competitive Examination- 2022 (‘LDCE-2022’). 3. The Impugned DME in its Report dated 06.12.2024, has held Signature Not Verified Digitally Signed WP(C) 522/2025 Page 1 of 4 By:SUNIL Signing Date:20.01.2025 19:28:41 the petitioner ‘Unfit’ for appointment on the grounds of:- “Left Testicular Hypertrophy and Scrotal Swelling.” 4. Upon review, the Impugned RME dated 12.12.2024, has also gone on to hold the petitioner ‘Unfit’ for appointment for the following reasons:- “2) Brief of Review Medical Examination & Finding thereof. Board examined the candidate O/ E- Lt. Sided Scrotal Swelling +ve fluctuations present Board. Further referred him for USG scrotum & specialist opinion. USG srcotum dt 7/12/24 shows. Mild to moderate hydrocele with mild left sided epididymo orchitis mild Rt sided epididymistis seen. Dr. Atul Saraswat Asso. Professor, Gen. Surgery, GIMS opinions Lt hydro