SUNIL KUMAR MEHTA vs UNION OF INDIA & ORS.

Judgment text excerpt

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 16.01.2025 + W.P.(C) 529/2025 SUNIL KUMAR MEHTA .....Petitioner Through: Mr.Himanshu Gautam, Adv. versus UNION OF INDIA & ORS. .....Respondents Through: Mr.Prajesh Vikram Srivastava, SPC with Mr.Bharat Singh, GP Mr.Raj Kumar, AC/CISF, Mr.P. Devenda SI/CISF, Mr.Amit Kumar, SI/CISF and Mr.Rahul Sinha, SI/CISF CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (Oral) W.P.(C) 529/2025 & CM APPL. 2446/2025 1. This petition has been filed by the petitioner, challenging the Reports of the Detailed Medical Examination (in short, ‘DME’) dated 09.12.2024, and the Review Medical Examination (in short, ‘RME’) dated 13.12.2024, 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 (in short, ‘LDCE-2022’ on the ground of him being found to be suffering from ‘Distal Phalanx Contractive Deformity’. 2. The learned counsel for the petitioner, referring to Clause 9 (VII) (3) (c) of the Uniform Guidelines for Medical Examination Test Signature Not Verified Digitally Signed W.P.(C) 529/2025 Page 1 of 4 By:SUNIL Signing Date:20.01.2025 19:19:00 (MET) for Recruitment in CAPFs, NSG& AR (in short, ‘Medical Guidelines’), submits that deformity of the fingers or hand can be a ground for rejection of a candidature only if it impairs normal functioning/free movement of the fingers/hand to such a degree so as to interfere with the satisfactory performance of combatised duties. He submits that in the present case, the Impugned DME and the RME have not formed such an opinion before declaring the petitioner unfit for appointment. The learned counsel for the petitioner further subm