The court emphasized adherence to established medical guidelines in recruitment processes and questioned the mechanical nature of the Tribunal's directive for a re-medical examination.

ORDER :

CM APPL. 18479/2025 (Exemption)

1. Allowed, subject to all just exceptions.

W.P. (C) 3974/2025 & CM APPL. 18478/2025 (Stay)

2. This petition has been filed challenging the Order dated 09.08.2024 passed by the learned Central Administrative Tribunal (PB), New Delhi (hereinafter referred to as “learned the Tribunal”) in Original Application No. 3138/2024 (hereinafter referred to as ‘OaA’) titled as Pankaj Shakya Vs. Staff Selection Commission & Ors., allowing the OA filed by the respondent with the following directions:

“11. Accordingly, the present OA is also disposed of with a direction to the competent authority amongst the respondents to conduct a fresh medical examination of the applicant by way of constituting an appropriate medical board in any government hospital except the hospital which has already conducted the initial and the review medical examination. Appropriate orders with respect to the candidature of the applicant on the basis of the outcome of such an independent/fresh medical examination be passed thereafter under intimation to the applicant.

12. The aforesaid directions shall be complied with within a period of six weeks from the date of receipt of a certified copy of this order. In the event of the applicant is being declared medically fit and subject to his meeting other criteria, he shall be given appointment forthwith. The applicant, in such an eventuality, shall also be entitled to grant of all consequential benefits, however, strictly on notional basis. No costs.”

3. The learned counsel for the petitioner submits that by a consistent report, the Detailed Medical Examination (DME) Board and the Review Medical Examination (RME) Board declared the respondent “Unfit” for selection to the post of Constable (Exe.) in the Constable (Exe.) Male and Female in Delhi Police Examination, 2023 on grounds of the respondent being found suffering from “Bilateral Cubitus Valgus” of more than 20 Degrees. He submits that this condition was specifically mentioned for the medical officer to be taken note of in the Delhi Police (Appointment & Recruitment) Rules, 1980. He submits that this condition is also given prominence for consideration of a fitness of a candidate for Armed Police Forces as would be evident from the Revised Uniform Guidelines for “Recruitment Medical Examination for recruitment of GOs and NGOs in the CAPFs and AR” dated 20.05.2015. He submits that the learned Tribunal has, in a mechanical manner, however, directed the petitioners to conduct a re-medical examination of the respondent.

4. Issue notice to the respondent to be served through all modes returnable on 14^th July, 2025.

5. In the meantime, the execution of the Impugned Order, if not already implemented, shall remain stayed.