Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
NAVIN CHAWLA, RENU BHATNAGAR
Staff Selection Commission – Appellant
Versus
Pankaj Shakya – Respondent
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
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.
Conflicting medical reports warrant fresh independent re-examination for provisionally selected candidates.
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....
The decisions of a Review Medical Board in recruitment processes are final and can only be challenged under exceptional circumstances, such as procedural violations or malafides.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
