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IN THE HIGH COURT OF DELHI AT NEW DELHI
Navin Chawla, Renu Bhatnagar
Staff Selection Commission – Appellant
Versus
Yashpal Singh – Respondent
ORDER :
CM APPL. 18062/2025 (Exemption)
1. Allowed, subject to all just exceptions.
W.P. (C) 3884/2025 & CM APPL. 18061/2025
2. This petition has been filed by the petitioner challenging the Order dated 20.08.2024, passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (in short ‘learned Tribunal’), allowing the Original Application (O.A.) filed by the respondent herein, with the following directions:-
“6. In view of the decision taken by this Tribunal in various OAs, we cannot take a divergent view in the present matter. Accordingly, the OA is also disposed of with a direction to the competent authority/respondent 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.”
3. The learned Tribunal, in allowing the above O.A., has simply relied upon the earlier Orders passed in other O.As by it.
4
Judicial review of medical board decisions requires substantial justification, especially when specialist opinions are disregarded without explanation.
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.
Judicial review of medical examination decisions in recruitment is limited to procedural adherence and significant discrepancies, with higher fitness standards for disciplined forces.
The medical board's expert opinion on fitness for service is authoritative and cannot be contested without substantial evidence.
once no mala fides are attributed and the doctors of the Forces who are well aware of the demands of duties of the Forces in the terrain in which the recruited personnel are required to work, have fo....
The court affirmed that the assessment of fitness by a Medical Board is an expert determination, and interference in such matters should be approached with caution.
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.
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