STAFF SELECTION COMMISSION & ORS. vs MANISH KUMAR

Judgment text excerpt

$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 22.01.2025 + W.P.(C) 14508/2024 & CM APPL. 60785-88/2024 STAFF SELECTION COMMISSION & ORS. .....Petitioners Through: Mr.Balendu Shekhar, CGSC with Mr.Krishna Chaitanya & Mr.Raj Kumar Maurya, Adv. versus MANISH KUMAR .....Respondent Through: Ms.Easha Mazumdar, Mr.Setu Niket, Ms.Unni Maya. S & Mr.Devansh Khatter, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR NAVIN CHAWLA, J. (Oral) 1. This petition has been filed by the petitioners, challenging the Order dated 11.03.2024 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as, 'Tribunal'), in OA No. 1008/2024, titled Manish Kumar v. Staff Selection Commission & Ors., directing the petitioners herein to conduct a re-medical medical examination of the respondent herein by constituting a fresh Medical Board. 2. The respondent had been declared ‘unfit’ for appointment to the Signature Not Verified Digitally Signed W.P.(C) 14508/2024 Page 1 of 3 By:SUNIL Signing Date:28.01.2025 11:24:52 post of Constable (Executive) (Male) by the report dated 24.01.2024 of the Review Medical Examination (in short, ‘RME’) Board, which found the respondent to be suffering from ‘vitiligo vulgaris’. The abovesaid report itself states that RME Board got the respondent re- examined and evaluated by a Dermatologist. 3. The learned counsel for the respondent has drawn our attention to the report of the expert/Dermatologist, Lok Nayak Hospital, New Delhi, contending that this is the report of the expert to whom the respondent was referred to by the petitioner, and which, inter alia, had recorded as under:- “no c/I for joining duty” 4. As there was some clarification required regarding the