Staff Selection Commission & ORS. v. Deepanshu Gautam

$~102 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2425/2025, CM APPLs. 11534/2025, 11535/2025 & 11536/2025 STAFF SELECTION COMMISSION & ORS. .....Petitioners Through:

Mr. Shashank Dixit, CGSC with Mr. Rohit Gupta, Adv.

versus DEEPANSHU GAUTAM .....Respondent Through:

Ms. Esha Mazumdar, Mr. Setu Niket and Ms. Unni Maya, Advs.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 25.02.2025 C.HARI SHANKAR, J.

1.

In this case, the respondent applied for recruitment as Constable (Executive) Male and Female in the Delhi Police. Consequent to clearing written examination, he was subjected to a Detailed Medical Examination . The DME opined that he was unfit for recruitment as he suffered from deformity in the ring finger of his left hand. 1 "DME", hereinafter

2.

A Review Medical Examination2 was thereafter conducted which came to the same finding.

3.

Despite consistent findings of the DME and the RME, the Central Administrative Tribunal3 has directed the respondent to be subjected to a fresh medical examination on the basis of an opinion independently obtained by the respondent.

4.

In similar circumstances, we have, by our order in Staff Selection Commission v Ashish Sharma4 , set aside the direction for a fresh medical examination, but have directed the petitioners to take a view on the suitability of the candidate for recruitment as Constable in the Delhi Police.

5.

We have heard Mr. Shashank Dixit, learned Counsel for the petitioners, and Ms. Esha Mazumdar, learned Counsel for the respondent.

6.

Both Counsel are agreeable to this matter being disposed of in terms of the order passed by us in Ashish Sharma. 7.

Accordingly, we modify the impugned judgment of the Tribunal and direct that the fresh medical examination of the respondent would be restricted to assessing whether the deformity in 2 "RME", hereinafter 3 "the Tribunal", hereinafter 4 2025 SCC OnLine Del 976

the ring finger of the left hand from which he suffers would hinder him in the discharge of his duties as Constable in the Delhi Police. 8.

The petition is accordingly disposed of.

9.

While looking into the matter, the petitioners may take into account the opinion dated 26 January 2024 of the Radiologist of the CRPF5 .

C.HARI SHANKAR, J.

AJAY DIGPAUL, J.

FEBRUARY 25, 2025/AS Click here to check corrigendum, if any 5 Central Reserve Police Force