WP(C) No. 12923/2021 Page 1 of 4

$~80

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 15.02.2022

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W.P.(C) 12923/2021

NISHA

..... Petitioner

Through

Mr.Sanjay Rathi, Adv.

versus

UNION OF INDIA, THR. SECRETARY & ANR.

..... Respondents

Through

Mr.Anurag Ahluwalia, CGSC

with Mr.Danish Faraz Khan,

Mr.Rishab Narayan, Advs. and

Mr.Akshat Singh, GP.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

HON'BLE MR. JUSTICE NAVIN CHAWLA

NAVIN CHAWLA, J. (Oral)

The petition has been heard by way of video conferencing.

CM 40705/2021 (exemption)

Allowed, subject to all just exceptions.

WP(C) 12923/2021 & CM 40704/2021

1. The present petition has been filed seeking setting aside of the

result of the Review Medical Examination (in short, ‘RME’) dated

28.10.2021, whereby the petitioner was declared to be medically unfit

for appointment on the ground of „flat foot‟.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000605

WP(C) No. 12923/2021 Page 2 of 4

2. It is the case of the petitioner that she applied for in the ‘Sub-

Inspector in Delhi Police, CAPFs and Assistant Sub-Inspector in the

CISF Examination, 2019’. The petitioner cleared the Stage-I (that is,

Written Examination) as well as the Stage-II (that is, Physical

Endurance Test and Physical Standard Test) of the recruitment

process. The petitioner, in continuation of the requirements of the

recruitment process, appeared for her Detailed Medical Examination

(in short, ‘DME’) at the Composite Hospital CRPF, GC Campus, Golf

Course Road, Ajmer, Rajasthan on 26.10.2021. The DME declared the

petitioner medically unfit on three grounds, namely, „anaemia‟, „knock

3. Aggrieved by the decision of the DME, the petitioner applied

and appeared for her RME on 28.10.2021, wherein she was declared

medically fit on two grounds, namely „anaemia‟ and „knock knee‟ ,

however, was again found to be medically unfit on the ground of „flat

4. The learned counsel for the petitioner submits that prior to the

conduct of the RME, the respondents referred the petitioner for a

medical examination to the Jawahar Lal Nehru Hospital, Ajmer

(hereinafter referred to as ‘JLN Hospital’), where she appeared on

27.10.2021. JLN Hospital declared the petitioner to be medically fit,

including as not suffering from “flat foot”. He further contends that

the petitioner had previously applied for the post of Sub-Inspector in

the year 2016 and was declared to be medically fit but could not

succeed in the examination on merits. The learned counsel for the

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000605

WP(C) No. 12923/2021 Page 3 of 4

petitioner also places reliance on the reports of Dr. Ram Manohar

Lohia Hospital, New Delhi and Deen Dayal Upadhyay Hospital, New

Delhi, wherein the petitioner has been examined by Orthopedists and

declared to be medically fit and as not suffering from „flat foot‟. He

submits that therefore, the report of the RME is liable to be rejected by

this court.

5. This Court, by its order dated 17.11.2021, had directed the

respondents to produce the original medical records of the petitioner.

Perusal of the medical records of the petitioner shows that the JLN

Hospital found the petitioner to be not suffering from ‘Flat Foot‟,

however, inspite of the same, the RME states that“clinically flat foot

present”.

6. The learned counsel for the respondents submits that the reports

of the JLN Hospital and/or Dr. Ram Manohar Lohia Hospital and/or

Deen Dayal Upadhyay Hospital would not be binding on the RME and

it is the report of the RME which is paramount.

7. We have considered the submissions made by