Nilesh Kumar Yadav v. Cisf And ANR.

$~1 (Special Bench) * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 933/2025 NILESH KUMAR YADAV .....Petitioner Through:

Mr.Arjun Panwar and Mr.Prahil Sharma, Advs.

versus CISF AND ANR.

.....Respondents Through:

Mr.Vinay Yadav, SPC with Mr.Anish Kalra, Ms.Kamna Behranj, Advs.

SI Prahlad, SI Amit, SI Atul, Kumar CISF.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 28.02.2025 Rev. Pet. 94/2025 & CM Appl. 10915/2025 1.

The respondents have produced before us the medical reports of the petitioner as well as those of Constable (GD) Suraj Suryawanshi. 2.

As far as the medical reports of the petitioner are concerned, in the Detailed Medical Examination report dated 06.12.2024, he was declared 'unfit' for appointment to the post of Assistant SubInspector (Executive) through LDCE-2022 on the ground of 'Right Testicular Hypertrophy'.

3.

The petitioner filed a review against the said rejection, and was referred first to the Kailash Hospital, Greater Noida, and thereafter, to the Government Institute of Medical Sciences, Greater Noida (GIMS) for an opinion on the above condition. 4.

It appears that the GIMS, Greater Noida, in its report dated The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

11.12.2024, found the petitioner to be suffering from 'Right Side Minimal Hydrocele'. In spite of the said report, the Review Medical Board, vide report dated 12.12.2024, declared the petitioner 'unfit' for appointment due to 'Right Testicular Hypertrophy'. 5.

In the descriptive part of the said report, there is a mention of the petitioner suffering from 'Hypotrophic Testis'. 6.

The learned counsel for the petitioner states that all three conditions are different from each other.

7.

Finding prima facie merit in the contention raised by the learned counsel for the petitioner, we direct that the petitioner be reexamined at the Army (R&R) Hospital based on the parameters of the medical guidelines that are applicable to the post of Assistant Sub-Inspector (Executive) through LDCE-2022, that is, the OM dated 28.05.2015, and any modification thereto. 8.

The Registrar, Army (R&R) Hospital is requested to constitute a Medical Board, keeping in view the above three Medical Conditions in mind.

9.

The respondents shall inform the petitioner through his counsel, of the date on which he is required to appear before the Medical Board at the Army (R&R) Hospital, at least a week in advance. The respondents shall also produce all the medical records of the petitioner before the said Board. The petitioner shall also be entitled to bring any medical record that he wishes to be produced before the Medical Board.

10. In case the petitioner is found 'fit' for appointment in the said Medical Examination, his candidature for the post of Assistant SubInspector (Executive) in the LDCE-2022 shall be further processed The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

by the respondents in accordance with the applicable rules. However, in case the petitioner is declared 'unfit' in the said Medical Examination, no further relief can be granted to the petitioner.

11. The medical records of the petitioner and Constable (GD) Suraj Suryawanshi have been returned to the counsel for the respondents.

12. The review petition along with the pending application is disposed of with the above directions

13. Dasti.

NAVIN CHAWLA, J MANOJ JAIN, J FEBRUARY 28, 2025 RN/DG The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.