Dr Rohini Choudhuri v. Union Of India & ORS.

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15177/2024 & CM APPL. 63592/2024 DR ROHINI CHOUDHURI .....Petitioner Through:

Adv. (appearance not given) versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr. Syed Abdul Haseeb CGSC with Mr. Hilal Haidar, Mr.

Amreen Rizvi & Ms. Neha Tiwari, Advs. for UOI.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR

O R D E R

% 28.11.2024 1.

By way of the present petition, the petitioner challenges the rejection of the petitioner to the post of Specialist Medical Officer on the ground of her being found over-weight in the Detailed Medical Examination dated 26.05.2023 (in short, ―DME‖) and in the Review Medical Examination dated 27.05.2023 (in short, ―RME‖). 2.

The learned counsel for the petitioner submits that sufficient time was not given to the petitioner to reduce her weight as the RME was conducted the very next day of the DME.

3.

We are of the opinion that the conduct of the RME is not to grant an opportunity to the candidate to achieve the medical standards as prescribed by the advertisement, but to get an opportunity to appeal 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 06/12/2024 at 12:20:42

against any incorrect finding that may have been recorded in the DME. The petitioner was aware of the standards prescribed by the respondents in the advertisement for the posts applied for by the petitioner and, therefore, should have taken appropriate remedial steps, if required, prior to the conduct of the medical examination. Reliance in this regard is placed on the Judgment of this Court in Deepak Dahiya & Ors. v. Union of India & Ors., 2023 SCC OnLine Del 4108.

4.

In the present case, the petitioner has been found to be grossly over-weight in the DME and by the RME. There is no specific challenge to these findings by the petitioner. 5.

We, therefore, find no merit in the present petition and the same is, accordingly, dismissed.

NAVIN CHAWLA, J SHALINDER KAUR, J NOVEMBER 28, 2024/KG/ab/B/VS Click here to check corrigendum, if any 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 06/12/2024 at 12:20:42