Central Administrative Tribunal Principal Bench, New Delhi O.A. No. 3118/2023 This the 06^th day of January, 2026 Hon’ble Mr. Manish Garg, Member (J)

Hon’ble Dr. Anand S Khati, Member (A)

Rohit Kumar Village Tihar Khurd, PO Tihar Baghru, Sonipat, Haryana, Pin-131022 ...Applicant By Advocate: Ms. Isha Aggarwal with Mr. Shailendra P Singh and Mr. Shivalik Singh Versus

1. Union of India Through Secretary Ministry of Home Affairs North Block New Delhi 110001 SHILPI GUPTA SHILPI GUPTA 2026.01.09

15:00:41+05'30'

2. Staff Selection Commission Staff Selection Commission, Block No. 12, CGO Complex, Lodhi Road, New Delhi- 110003.

…Respondents (By Advocate: Mr. U Srivastava)

ORDER (ORAL)

Hon’ble Mr. Manish Garg, Member (J)

In the instant O.A. the applicant has prayed for the following reliefs:-

“a) Set aside and quash the result of Review Medical Examination (RME) dated 28.06.2023 conducted for the post of sub-inspector in delhi police and CAPF Examination 2022.

b) Direct the Respondents to declare the applicant fit at par with the medical standards of the armed forces.

c) Any other order / relief / direction as this Hon'ble Tribunal may deem fit and proper in the interest of justice may also be passed in favour of the Applicant and against the Respondents.”

2. Highlighting the facts of the present case, learned counsel for the applicant states vide the impugned result of Review Medical Examination (RME) dated 28.06.2023 conducted for the post of Sub-Inspector in Delhi Police and CAPF Examination 2022, the applicant has been declared unfit, with the following opinion:-

2.1. He states that deformity cannot be construed to the functional disability in terms of the provision and medical standards as prescribed by the respondents. He further submits that the said deformity has already been addressed by a surgery and there is no impediment to the applicant as such in discharging his services, as the applicant is already working as a Constable in Delhi Police. The present selection is for the post of Sub-Inspector and therefore it is an addition reason that there is no aspect of the allegation towards the applicant for non performing his duties as Police Constable and therefore the applicant cannot be deprived of a higher position in SC in the present facts and circumstances of the case.

2.2. In support of his case, learned counsel for the applicant relies upon the decision rendered by the Hon’ble High Court of Patna in Civil Writ Jurisdiction Case No. 3750/2014 decided on 25.04.2014 titled as Ravi Ranjan Tiwari Vs. The Union of India and Ors. The said matter pertains to same SHILPI GUPTA SHILPI GUPTA 2026.01.09 service and same recruitment process. For ready reference, 15:00:41+05'30'

relevant para 11 of the decision rendered in Ravi Ranjan Tiwari is reproduced herein below:-

“11. If the doctor was of the opinion that he suffered from any other obvious disabilities which were likely to affect his functioning as a member of C.A.P.F. with reference to bodily infirmity mentioned therein, were required to be mentioned in the first paragraph itself. Therefore, the medical unfitness which were found by Medical Officer at the time of the petitioners examination could not be said to be such as would have disqualified the petitioner for employment in C.A.P.F. Even in the Review Medical Board, it has not been found that the medical unfitness as shown was a disqualification for employment in C.R.P.F. I am of the view that the petitioner was wrongly denied his employment in C.R.P.F. on the ground of such findings.”

3. Opposing the grant of relief, the learned counsel for the respondents would rely upon the counter affidavit. He states that Detailed Medical Examination (DME) as well as Review Medical Examination (RME) confirmed that after qualifying in both Written Examination (Paper-I & II) and Physical Endurance Test (PET)/ Physical Standard Test (PST) for the post of Sub Inspector, the applicant appeared before a Medical Officer for Detailed Medical Exami