Staff Selection Commission & ANR. v. Pooja Choudhary

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1118/2025, CM APPLs. 5555/2025 & 5556/2025 STAFF SELECTION COMMISSION & ANR. .....Petitioners Through:

Mr. Premtosh Kumar Mishra, CGSC with Mr. Manish Vashist and Ms.

Sanya Kalsi, Advs.

versus POOJA CHOUDHARY .....Respondent Through:

Ms. Esha Mazumdar, Adv. with Mr. Setu Niket and Ms. Unnimaya, Advs.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL ORDER (ORAL) % 29.01.2025 C. HARI SHANKAR, J.

1.

In this case, the respondent was applied for recruitment as Constable (Executive) in the Delhi Police. In the Detailed Medical Examination which was conducted on 21 January 2024, she was disqualified as suffering from Anemia as her hemoglobin count was 8.0. The matter was not referred to any expert. 2.

A Review Medical Examination was conducted on 25 January 2024, when her hemoglobin count had risen to 8.1. 3.

Ms. Esha Mazumdar, learned Counsel for the respondent submits that, in these circumstances, no case for interference with the KUMAR 14:54:10 W.P.(C) 1118/2025

decision of the Tribunal to refer the matter for a fresh medical examination was made out especially in the light of the view taken by us in SCC v Sanjoo Patel1 which was one of the writ petitions disposed of along with WP (C) 14088/2024 (SCC v Amit Goswami2). 4.

It is pointed out that the view taken by us in Sanjoo Patel has thereafter been relied on by a Coordinate Bench in UOI v Alka3. 5.

In that view of the matter, we do not find any case for interference with the decision of the Tribunal to refer the case of the respondent for a fresh medical examination the similar facts and circumstances of the present case, and in the light of the ailment from which the respondent is stated to be suffering. However, we make it clear that the respondent would be bound by the result of the fresh medical examination and would not be entitled to any further bites at the cherry.

6.

The petition is disposed of in the aforesaid terms. C. HARI SHANKAR, J.

AJAY DIGPAUL, J.

JANUARY 29, 2025/aky Click here to check corrigendum, if any 1 WP (C) 13998/2024 2 2024 SCC OnLine Del 7985 3 2024 SCC OnLine Del 8406 KUMAR 14:54:10 W.P.(C) 1118/2025