SSC AND ANR. vs GARIMA

Judgment text excerpt

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 915/2025 & CM APPL. 4528/2025 SSC AND ANR. .....Petitioners Through: Ms. Rukhmini Bobde, CGSC with Mr. Jatin Dhamija, Mr. Amlaan Kumar and Mr. Vinayak Aren, Advs. versus GARIMA .....Respondent Through: Ms. Esha Mazumdar and Ms. Unni Maya S., Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL ORDER (ORAL) % 07.03.2025 C.HARI SHANKAR, J. 1. This is a case in which the respondent, who had applied for recruitment to the post of Constable (Executive) Female in the Delhi Police was disqualified on the ground that she had fractured her left ankle. The Detailed Medical Examination1 and the Review Medical Examination2 reports are consistent in that regard. 2. Against her having been found unfit, the respondent approached the Central Administrative Tribunal3 by way of OA 3143/2024. By 1 “DME”, hereinafter 2 “RME”, hereinafter 3 “the Tribunal”, hereinafter Signature Not Verified W.P.(C) 915/2025 Page 1 of 3 Digitally Signed By:AJIT KUMAR Signing Date:10.03.2025 17:11:04 judgment dated 9 August 2024, the Tribunal has directed the respondent to be subjected to a fresh medical examination. 3. Aggrieved thereby, the Staff Selection Commission has approached this Court by means of the present writ petition. 4. We have heard Ms. Rukhmini Bobde, learned CGSC for the petitioners and Ms. Esha Mazumdar, learned Counsel for the respondent. 5. Though it is true that there are consistent findings of the left ankle of the respondent having been fractured, we find that, in the DME report, it is only shown us a case of temporary unfitness. 6. Ms. Mazumdar submits that, thereafter, the respondent has been treated and the fracture has healed. Ms. Mazumdar also points out that the ankle fracture was sustained on