USHA vs STAFF SELECTION COMMISSION & ORS.

Judgment text excerpt

$~118 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15943/2025 USHA .....Petitioner Through: Mr. Ajay Sharma and Ms. Gurpreet Kaur, Advs. versus STAFF SELECTION COMMISSION & ORS. ....Respondents Through: Mr. Jitesh Vikram Srivastava SPC and Mr. Prajesh Vikram Srivastava, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 15.10.2025 C. HARI SHANKAR, J 1. The petitioner was declared as unfit for being recruited as Sub- Inspector in the Delhi Police and CAPFs on two grounds i.e. on account of RBC1 in urine and on account of nasal turbinate hypertrophy (right side). The petitioner’s case is that she is a lady and that, given the date on which examination was conducted, the presence of RBC in urine was a physiological phenomenon and not a sign of disability. 2. It is pointed out that DME and RME were conducted one day after the other and that therefore there was no change in the RBC 1 Red Blood Cells Signature Not Verified W.P.(C) 15943/2025 Digitally Signed By:AJIT Page 1 of 3 KUMAR Signing Date:27.10.2025 14:57:11 status of the urine of the petitioner. 3. It is also pointed out that the right-side nasal turbinate hypertrophy from which the petitioner was suffering was detected in her case is also a curable ailment and the petitioner has other certifications stating that she does not suffer from such ailment. 4. Nonetheless, as both these factors have been taken into consideration to disqualify the petitioner, and at least on the aspect of presence of RBC in the urine, the petitioner has a case, Mr. Jitesh Vikram Srivastava, learned SPC for the respondent is agreeable to a disposal of this writ petition with a direction to the petitioner to be re- examined, qua her suitability for being recruited as Sub-Inspector in