$~95 and 99 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 19.03.2026 + W.P.(C) 1624/2025 and CM APPL. 7908/2025 STAFF SELECTION COMMISSION AND ANR.

.....Petitioners Through: Ms. Rukhmini Bobde, CGSC with Mr. Jatin Dhamija, Mr. Vinayak Aren & Ms.

Aishwarya Nigam, Advs.

versus MANDEEP .....Respondent Through: None.

+ W.P.(C) 4731/2025 STAFF SELECTION COMMISSION & ANR. .....Petitioners Through: Mr. Rohan Jaitley, CGSC with Mr. Akshay Sharma, Mr. Dev Pratap Shahi, Mr.Varun Pratap Singh & Mr. Yogya Bhatia Advs. versus AMIT KUMAR .....Respondent Through: None.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN J U D G M E N T (ORAL) ANIL KSHETARPAL, J.:

1. These Writ Petitions arise out of the same recruitment process, namely, recruitment to the post of Constable (Executive), Male/Female, in Delhi Police Examination, 2023, and assail Orders passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi directing that the respective Respondents be subjected to a fresh medical examination before an appropriate Medical Board in a Government hospital other than the hospitals which had conducted the Detailed Medical Examination and the Review Medical Examination.

2. Since the petitions arise from the same advertisement, concern the same post and recruitment framework, involve disqualification on the ground of the same medical ground, and raise a common question touching the permissible scope of judicial interference with concurrent medical opinions rendered within the recruitment process, they were heard together and are being disposed of by this common judgment.

3. The first petition, W.P.(C) 1624/2025, has been instituted by the Staff Selection Commission and the Delhi Police assailing the order dated 09.08.2024 passed by the learned Tribunal in O.A. No. 3144/2024 titled Mandeep v. Staff Selection Commission & Ors. The second petition i.e. W.P.(C) 4731/2025 challenges the order dated 20.08.2024 passed by the learned Tribunal in O.A. No. 3234/2024 titled Amit Kumar v. Staff Selection Commission &Anr. In both matters, the learned Tribunal directed a fresh medical examination and further directed that, in the event of the candidate being found medically fit and otherwise eligible, appointment be extended with consequential benefits on a notional basis.

4. For convenience, the facts in W.P.(C) 1624/2025 (Mandeep) are noticed first, followed by the facts in the petition concerning Amit Kumar. The common issue of law and the submissions are thereafter proposed to be considered together.

FACTS IN W.P.(C) 1624/2025 (Staff Selection Commission & Anr. v. Mandeep)

5. The present Petition assails the order dated 09.08.2024 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi [hereinafter referred to as the “Tribunal”] in O.A. No. 3144/2024, titled Mandeep v. Staff Selection Commission & Ors. By the said order, the learned Tribunal directed the Petitioners to subject the Respondent to a fresh medical examination before an appropriate Medical Board in a Government hospital other than the hospitals which had conducted the Detailed Medical Examination and the Review Medical Examination. It was further directed that, in the event of the Respondent being found medically fit and otherwise eligible, appropriate consequential benefits be extended on a notional basis.

6. Recruitment to the post of Constable (Executive), Male and Female, in Delhi Police Examination, 2023 was undertaken under the applicable recruitment framework, including the Delhi Police (Appointment & Recruitment) Rules, 1980, the relevant Standing Order dated 08.06.2022, and the notice of examination issued by the Staff Selection Commission. The notification for recruitment was issued on 01.09.2023 and online applications were accepted up to 30.09.2023. The Respondent participated in the said recruitment process for the post of Constable (Executive) Male. The Staff Selection Commission conducted the Computer-Based