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IN THE HIGH COURT OF DELHI AT NEW DELHI
G.S. SISTANI, SANGITA DHINGRA SEHGAL, JJ.
Const. Karan Tamang & Ors. - Petitioner
Versus
Union of India and Anr. - Respondents
W.P.(C) 10399, 10431, 10428 of 2017, 416, 418 of 2018
Decided On : 11-09-2018
LDCE-2016 - Appointment to the post of Assistant Sub-Inspector (GD) - Recruitment Rules 2010, O.M. dated 20.05.2015 - The court quashed the orders of the Medical Board and the Review Medical Board and directed the petitioners to be considered for promotion in accordance with law, emphasizing that LDCE is to be considered as selection for appointment by promotion and the Recruitment Rules 2010 would apply.
Fact of the Case:
The petitioners sought a writ of mandamus directing the respondents to make appointment to the post of Assistant Sub-Inspector (GD) through LDCE-2016 and sought a writ of certiorari quashing the findings of the Medical Board declaring them unfit.
Finding of the Court:
The court quashed the orders of the Medical Board and the Review Medical Board, directing the petitioners to be considered for promotion in accordance with law.
Issues: The issues revolved around the mode of appointment through LDCE-2016, the applicability of Recruitment Rules 2010, and the guidelines dated 20.05.2015 in the context of the petitioners' eligibility for promotion.
Ratio Decidendi: The court held that LDCE is to be considered as selection for appointment by promotion, and the Recruitment Rules 2010 would apply, emphasizing that the guidelines dated 20.05.2015 are for recruitment medical examination and not applicable to promotion.
Final Decision: The court disposed of all the writ petitions, quashing the orders of the Medical Board and the Review Medical Board, and directing the petitioners to be considered for promotion in accordance with law.
G.S. SISTANI, J.
1. Rule DB.
CM No. 32423/2018 in W.P.(C) 10399/2017, CM No. 29349/2018 in W.P.(C) 10428/2017, CM No. 32424/2018 in W.P.(C) 10431/2017, CM No. 32425/2018 in W.P.(C) 416/2018 and CM No. 32426/2018 in W.P.(C) 418/2018 (delay)
The delay of 12 days in filing the rejoinders is condoned.
The applications stand disposed of.
W.P.(C) 10399/2017, W.P.(C) 10428/2017, W.P.(C) 10431/2017, W.P.(C) 416/2018 and W.P.(C) 418/2018
2. All five writ petitions raise a common question which is being decided by this common order. Respective counsels have addressed arguments separately. For the sake of convenience the facts in the case of W.P.(C) 10399/2017 are being noticed. The petitioners seek a writ of mandamus directing the respondents to make appointment (by way of LDCE-2016) to the post of Assistant Sub-Inspector (GD). Prayer is also made for grant of consequential benefits except back wages. Petitioners also seek a writ of certiorari quashing the findings of the Medical Board dated 08.08.2017 and the Medical Review Board dated 07.09.2017 whereby the petitioners have been declared unfit in view of the medical standards as applicable to fresh recruits.
3. Some necessary facts which are required to be noticed for disposal of these writ petitions are that the petitioners joined as Constables/General Duty in Central Industrial Security Force (CISF). The following tabulation discloses the date of medical examination and Review Medical Board Order of each of the petitioners and the reasons for declaring them unfit:-
| Name | Karan Tamang | Amar Singh | Anuj Kumar | Karnjeet Kumar | Kuldeep Upadhyay |
| Case No. | W.P.(C) 10399/2017 | W.P.(C) 10428/2017 | W.P.(C) 10431/2017 | W.P.(C) 416/2018 | W.P.(C) 418/2018 |
| Joining Date | 31.07.2009 | 28.08.2010 | 21.08.2010 | 21.08.2010 | 23.08.2010 |
| Date of Annual Medical Examination- SHAPE-I | 05.07.2017 | 28.08.2017 | 20.04.2017 | 12.07.2017 | 13.09.2017 |
| Ground for being declared ‘Unfit’ | Rt. Side Hydrocele | Hydrocele | (a) Perforated Tympanic Membrane Left Side (b) Haemoglobin | Multiple Lypoma | Un-descended left testis |
| Impugned Medical board Order | 08.08.2017 | 04.08.2017 | 08.08.2017 | 03.08.2017 | 05.08.2017 |
| Impugned Review Medical Board Order | 07.09.2017 | 07.09.2017 | 11.09.2017 | 12.09.2017 | 07.09.2017 |
| Date of rectificati on surgery | 18.07.2017 (prior to undergoing medical examination for LDCE) | 13.07.2017 (prior to undergoing medical examination for LDCE) | 10.08.2017 | 09.08.2017 | - |
| Post operative period as per MHA guideline for recruitment dated 20.05.2015 | 3 months | 3 months | 4 months | - | - |
| Certificate of Fitness obtained by the District Hospital and Safdarjung Hospital | Safdurjung Hospital- 06.09.2017 | District Hospital- 10.08.2017 Safdurjung Hospital- 06.09.2017 | District Hospital- 22.08.2017 Safdarjung Hspital- 08.09.2017 | District Hospotal- 12.08.2017 Safdarjung Hospital- 06.09.2017 |
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4. The petitioners claim to have an unblemished service record. They applied for the post of Assistant Sub Inspector through Limited Departmental Competitive Examination (LDCE-2016). Petitioners claim that they all have been placed in the Medical Category Shape – I in the Annual Medical Examination till date and have been carrying out their duties as Const/GD to the satisfaction of their superior officers. The petitioners appeared for the written examination on 26.03.2017. Based on their performance they were called for the medical examination on various dates as shown in afore going paragraph 3 which was held at the CISF Unit, Special Security Group (SSG), Greater Noida, Uttar Pradesh. By separate orders which we have detailed in afore going paragraph 3 the petitioners were declared medically unfit. The petitioner in W.P.(C) 10399/2017 was declared unfit on the ground of right side Hydrocele. All peti
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