Gunkesh Meena v. Union Of India & ORS.

$~48 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7294/2026, CM APPL. 35677/2026 and CM APPL. 35678/2026 GUNKESH MEENA .....Petitioner Through:

Mr. T. D. Yadav, Adv.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Ms. Tanvi Nigam SPC along with Mr. Rajat Gaur, GP and HC Jitendra Kumar Mishra/BSF.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 22.05.2026 1.

By way of the present Writ Petition, the Petitioner assails the correctness of the order dated 01.10.2024 [hereinafter referred to as „Impugned Order‟], whereby the Petitioner‟s candidature for the post of Constable (Auto Electrician) Male was rejected, after declaring him medically unfit.

2.

The candidature of the Petitioner was previously rejected on the ground that he was medically unfit. Following which, he filed a writ petition before this Court, wherein directions were issued to the RR Hospital to re-examine him. Subsequently, on account of nonavailability of a Dermatologist and after obtaining permission of the Court, the Petitioner was examined at Base Hospital, Army and was found medically fit.

3.

Now, vide the Impugned Order, the Petitioner‟s candidature has The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/05/2026 at 12:54:59

been rejected on the ground that he secured the appointment to the post of Constable (Auto Electrician) Male on the basis of a fake experience certificate.

4.

Learned counsel representing the Petitioner submits that the candidature has been rejected without giving him any opportunity of hearing or issuing any show cause notice. This fact is also not disputed by learned counsel representing the Respondent. 5.

Accordingly, the present Impugned Order is quashed and the present Petition stands allowed solely on account of violation of principles of natural justice.

6.

However, the Petitioner is granted a liberty to pass fresh orders, granting opportunity of hearing and issuing show cause to the Petitioner.

7.

It is clarified that this order has been passed bearing in mind the peculiar facts of the case as the previous Writ Petition filed by the Petitioner was allowed.

8.

In view of the aforesaid position, the present Petition, along with pending application, is disposed of.

ANIL KSHETARPAL, J.

AMIT MAHAJAN, J.

MAY 22, 2026 s.godara/hr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/05/2026 at 12:54:59