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2024 Supreme(Online)(CAT) 9869

CENTRAL ADMINISTRATIVE TRIBUNAL
Harvinder Kaur Oberoi, Member (J), Sanjeeva Kumar, Member (A)
Vanshika – Appellant
Versus
Staff Selection Commission – Respondent


Advocates:
For the Appellants/Petitioners: Ms Esha Mazumdar
For the Respondents: Mr. Amit Yadav

Table of Content
1. provisional selection despite conflicting medical fitness reports. (Para 1 , 8)
2. entitlement to fresh exam on contrary government opinion. (Para 2 , 3 , 6)
3. rules limit re-exam unless error evidenced properly. (Para 4 , 5)
4. direct independent re-examination resolving review inadequacies. (Para 7)

ORDER (ORAL)

Hon’ble Ms Harvinder Kaur Oberoi, Member (A)

The applicant participated in the selection process for the post of constable executive in Delhi Police. Despite his selection, he has not been given the offer of appointment as the medical examination followed by the Review Medical Examination has declared him unfit, on account of defective distance vision. The applicant ventilates his grievance in the present OA seeking the following relief:

“A. Call for records;

B. Quash and set aside the impugned order/report dated 20/01/2024;

C. Direct the Respondent No. 1 to constitute an independent medical board to medically re-examine the Applicant;

D. Direct the Respondents to appoint the Applicants in the post of Constable (Exe.) Male- in OBC category with all consequential benefits including arrears etc;

E. Award cost of the proceedings; and F. Pass any order/relief/directi

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