CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI O.A. No. 1529/2024 M.A. No. 1334/2024 Reserved on : 06.11.2025 Pronounced on : 11.12.2025 Hon’ble Mr. Manish Garg, Member (J)

Hon’ble Dr. Anand S. Khati, Member (A)

Anuj Kumar S/o Kailash Chand R/o Vill. Adalpur Taj Post Telipura, Amroha U.P.-244221 .. Applicant (By Advocate(s): Mr. G.D. Chawla)

Versus

1. Commissioner of Police Delhi Police Headquarters Jai Singh Road New Delhi-110001.

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

.. Respondents (By Advocate(s): Mr. Amit Yadav, Mr. Piyush Gaur)

ORDER Hon’ble Dr. Anand S. Khati, Member (A)

In the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has sought for the following relief(s):-

“i. To quash and set aside the RME Report dt.29.01.2024 whereby the respondents are treating the candidature of the applicant as cancelled.

ii. To direct the respondents to constitute and appoint an independent Special Medical Board to re-examine the applicant medically with respect to alleged findings of having "Gynaecomatia".

iii. To direct the respondents to issue letter of appointment to the applicants for the post of Constable (Exe.) with all consequential benefits.

iv. Award costs of the present OA in favour of the Applicants;

v. pass any other order/orders which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.”

2. Brief facts of the case as narrated by learned counsel for the applicant are as under:-

(i) The applicant had applied for the post of Constable (Executive) Male in Delhi Police Examination-2023 pursuant to the recruitment notification issued by the Staff Selection Commission. He successfully cleared all stages of the selection process, including the written examination and Physical Endurance & Measurement Test. However, he was declared medically ‘unfit’ by the Review Medical Board on 29.01.2024 due to “Gynaecomastia”.

(ii) The applicant underwent a surgery at NOVA Multi Speciality Hospital and Trauma Centre, Meerut on 24.02.2024. Subsequently, he got himself medically examined at NOVA Multi Speciality Hospital, Meerut and also at District Combined Hospital, Amroha, where he was declared ‘fit’ vide medical reports dated 12.03.2024 (Annexure A/5) and dated 16.03.2024, (Anenxure A/6)

respectively.

3. Learned counsel for the applicant contended that the medical condition of the applicant was neither permanent nor untreatable, and the same was cured by a simple day procedure. Accordingly, in light of applicant’s successful surgical treatment and present medical fitness, the decision of the respondents to reject the candidature of the applicant on the basis of a condition that was temporary in nature is arbitrary, unjust, and unsustainable in law. He emphasized that the applicant had fulfilled all other eligibility conditions for the post and denial of appointment solely on the basis of a medical condition that no longer exists, is unfair.

4. While relying upon various judicial precedents, the learned counsel for the applicant submitted that the present case is squarely covered by the following Order(s)/Judgment(s):

(i) Hon’ble High Court Judgment in the case of SSC vs Aman Singh, 2024 SCC OnLine Del 7600;

(ii) Judgment dated 02.06.2022 in WP(C) No. 8063/2022 (Deewan Singh vs Union of India & Ors.);

(iii) Judgment dated 16.03.2023 in WP(C) No. 3247/2023 (Gopesh Kumar Yadav vs Union of India & Anr.);

(iv) Order dated 17.07.2023 in O.A. No. 1889/2023 (Manjeet Dhaka vs SSC & Anr.); which was followed in Order dated 06.12.2023 in O.A. No. 3138/2022 (Akash Bhati vs Union of India &

Ors.); and (v) Order dated 16.10.2025 in O.A. No. 966/2024.

5. On the other hand, learned counsel for the respondents submitted that the applicant was declared unfit on account of ‘Gynaecomastia Right Side’ by the Review Medical Board tendered by team of senior doctors, whose professional competencies and opi