$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 23.03.2026 + W.P.(C) 3715/2026 CM APPLs. 18194-96/2026 SURENDER NAGAR .....Petitioner Through: Mr. Jaishree Tandon, Ms. Nilanjani Tandon and Mr. Arimardhan Sharma, Advocates versus UNION OF INDIA AND ORS .....Respondents Through: Mr. Vikrant Nilesh Goyal, Mr. Yash Basoya, Mr. Inderjeet Singh and Mr.

Kunal Dixit, Advocates CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA MANMEET PRITAM SINGH ARORA, J. (ORAL)

1. The present writ has been filed under Article 226 and Article 227 of Constitution of India 1950, with the following prayers:

“a) Issue a writ of mandamus or any other appropriate writ quashing the invalidation medical board out order. office memorandum dated

07.03.26 and notice issued dated 04.02.26 against the petitioner, b) Direct the respondents to continue the service petitioner in ITBP with all consequential benefits.

c) Direct the respondents to provide at least 6 month time and medical treatment if any required to the petitioner for reduction of weight with proper dietary control under proper medical supervision.

d) In the alternative, direct the respondents to constitute a fresh medical board in a government hospital/medical college for reassessment of the petitioner.

e) Kindly stay the notice issued dated 04.02.26, and office memorandum issued dated 07.03.26 and maintain status quo till the matter is under consideration before the hon’ble court regarding continuation of service.

f) Pass any other order or direction which this Hon’ble Court may deem fit and proper in the interest of justice g) Stay the operation of the impugned invalidation medical board out order/ termination of the service of the petitioner and maintain status quo regarding the continuation of the service of the petitioner till the matter is under consideration in the hon’ble court.

h) Allow the petitioner to continue in service.”

2. The case set up by the learned counsel for the Petitioner is as under:

2.1. The Petitioner was enrolled in the ITBP on 26.12.1995 as a Constable (GD) and, was promoted to the rank of Head Constable in 2013.

2.2. Since 2016, the Petitioner has been placed in Low Medical Category (LMC) on account of overweight/obesity, assessed primarily on the basis of Body Mass Index [‘BMI’], which was recorded as 31.26 at the relevant time with a weight of 105 kg. It is stated that presently his BMI is 33.5 with a weight of approximately 111 kg.

2.3. It is stated that despite being overweight the Petitioner has continued to perform all assigned duties since 2016 and remained in active service in the said rank and performed all tasks required from him. It is stated that while Petitioner has completed more than 20 years of service, however, he has approximately 8 years of service remaining before reaching the age of superannuation.

2.4. It is stated that pursuant to recommendations made by the Special Review Medical Board [‘SRMB’], Unit MO and the Unit Commandant on 18.03.2024, the Petitioner was produced before the Departmental Rehabilitation Board [‘DRB’] between 03.03.2025 to 06.03.2025, which recommended to place the Petitioner before Invalidation Medical Board [‘IMB’].

2.5. The IMB was constituted on 08.04.2025 and, upon examination held on 03.05.2025, IMB concluded that Petitioner is a case of obesity since 2016. It held that the Petitioner is permanently unfit for further service in ITBP and recommended that he should be invalidated out on medical grounds as he is in capacitated due to his ailment.

2.6. The Petitioner was served with a notice dated 04.02.2026 putting him to notice as per Rule 26(3) and Rule 17 of the ITBP Force Rules, 1994 with respect to the opinion of the IMB to invalidate him from service on medical grounds. The Petitioner was granted an opportunity of 30 days to place on record a representation against the said opinion of the IMB, along with the opinion of the Government physician not below the rank of Civil Surge