STAFF SELECTION COMMISSION & ORS. vs MOHIT

Judgment text excerpt

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 22.01.2025 + W.P.(C) 14107/2024 & CM APPL. 59007/2024 STAFF SELECTION COMMISSION & ORS. .....Petitioner Through: Ms.Saumya Tandon, CGSC with Mr.Gaurav Singh Sengar & Mr.Prakhar Tripathi, Advs. Dr. Pranjal Dubey, CRPF. versus MOHIT .....Respondent Through: None. 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 14.05.2024 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi, in OA No. 1132/2024, titled Mohit v. Staff Selection Commission & Ors., allowing the said Original Application filed by the respondent herein and directing the petitioners herein to get the re-medical examination of the respondent herein conducted by a duly constituted Medical Board to determine his medical fitness for appointment to the post of Constable (Executive) (Male) in the Delhi Police Examination, 2023. 2. The respondent herein was declared „unfit‟ for appointment by the Signature Not Verified Digitally Signed W.P.(C) 14107/2024 Page 1 of 3 By:SUNIL Signing Date:28.01.2025 11:20:52 Detailed Medical Examination Board on 18.01.2024 on account of “defective distant vision and haemorrhoids”. However, in the Review Medical Examination dated 22.01.2024, he was declared unfit for appointment only on the ground of “ext. haemorrhoids at the 11, 12, and 4 o'clock positions + nt”. 3. The learned counsel for the petitioners has drawn our attention to Rule 24 (Appendix) (Note) (vi) of the Delhi Police (Appointment and Recruitment) Rules, 1980, to submit that only particular nature of haemorrhoids has been stipulated as a cause for declaring the candidate unfit for appointm