UNION OF INDIA & ORS. vs MAKSOOD

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 18.03.2025 + W.P.(C) 3068/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr.Rajat Mohan Dwivedi, Adv. versus MAKSOOD .....Respondent Through: Nemo CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON’BLE MS. JUSTICE RENU BHATNAGAR NAVIN CHAWLA, J. (Oral) CM APPL. 14497/2025 (Exemption) 1. Allowed, subject to all just exceptions. W.P.(C) 3068/2025 & CM APPL. 14496/2025 2. 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 (hereinafter referred to as the, ‘learned Tribunal’) in Original Application No.986/2024 (in short, ‘O.A.’), titled Maksood v. Staff Selection Commission & Ors.. The learned Tribunal allowed the said O.A. filed by the respondent herein and directed the petitioners to conduct a re-examination of the respondent by a duly constituted Medical Board, which would include a Specialist in the respective field, and re-determine the fitness of the respondent for appointment to the post of Constable in the Delhi Police. Signature Not Verified Digitally Signed WP(C) 3068/2025 Page 1 of 3 By:RENUKA NEGI Signing Date:22.03.2025 16:44:23 3. The respondent had been declared ‘unfit’ for appointment as a Constable in the Delhi Police by the Review Medical Board observing as under: “2. Brief of Review Medical Examination & Findings thereof: Orthopaedic Opinion taken at GTB Hospital — (R) little finger has mild soft tissue contracture. (L) little finger mild contraction (opinion attached) 3. Final Opinion (a) FIT (b) UNFIT on account of: UNFIT due to B/L mild soft tissue contraction on little finger.” 4. The learned counsel for the petitioners submits that the learned Tribunal has erred in ignori