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C. HARI SHANKAR, TUSHAR RAO GEDELA
STAFF SELECTION COMMISSION – Appellant
Versus
AMIT GOSWAMI – Respondent
JUDGMENT :
C. HARI SHANKAR, J.
1. This is a batch of petitions in which issues analogous to those which came up before this Court in Staff Selection Commission v. Aman Singh, 2024 SCC Online Del 7600 are involved. All these petitions involve cases in which the concerned respondents sought recruitment to the post of Constable in the Delhi Police and were, consequent to a Detailed Medical Examination [“DME” hereinafter] and Review Medical Examination [“RME” hereinafter] found unfit for appointment. The Central Administrative Tribunal [“The Tribunal” hereinafter] whom the respondents petitioned, has followed an earlier order passed by it in Teekam Singh Meena v. SSC, Order dated 10 May 2024 in OA 519/2024 and held, in each case, that the respondent should be subjected to a “Re-Review Medical Examination.” Aggrieved thereby, the Staff Selection Commission and the Union of India have petitioned this Court under Article 226 of the Constitution of India.
2. We went into the existing law on this issue in considerable detail and drew up the following guidelines in SSC v. Aman Singh, after considering earlier authorities on the issue:
Judicial review of medical examination decisions in recruitment is limited to procedural adherence and significant discrepancies, with higher fitness standards for disciplined forces.
Judicial intervention in recruitment medical assessments is restricted; decisions by Medical Boards are upheld unless there's clear evidence of procedural violations or substantive discrepancies.
Conflicting medical opinions from review board at same hospital (within days) and subsequent independent government hospital warrant fresh medical examination by different board for fairness to provi....
Conflicting medical fitness opinions from government hospitals entitle merit-selected candidate to fresh independent re-examination, despite initial and review unfitness, without impugning medical bo....
Fresh independent medical exam ordered when initial and review by same hospital yield conflicting govt hospital opinion.
Conflicting medical reports warrant fresh independent re-examination for provisionally selected candidates.
Judicial review of medical unfitness in disciplined force recruitments limited to procedural breaches or discrepancies; courts defer to expert boards absent specified grounds for interference.
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