Union of India and Ors. Vs Anish Pandey — Delhi HC (2025) — LawSathi Research

Union of India and Ors. Vs Anish Pandey — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned Order dated 04.04.2024 set aside; OA No. 1386/2024 remanded to the learned Tribunal for fresh decision in accordance with law, free of influence from prior observations; parties directed to appear before the Tribunal on 11.02.2025; writ petition and pending applications (CM APPL. 59364/2024 & 59365/2024) disposed of.

Issue for consideration

Whether the learned Tribunal, while passing the Impugned Order in OA No. 1386/2024, took into account that the respondent's medical condition ('Gross Deviated Nasal Septum with caudal deviation') is specifically mentioned as a disqualification in the medical guidelines applicable to the Central Armed Forces, and entails an issue in breathing by the candidate.

Court's answer

The issues concerning the medical disqualification under the guidelines applicable to the Central Armed Forces (including the breathing implication) were not considered by the learned Tribunal while passing the Impugned Order.

Ratio / Principle

The Impugned Order dated 04.04.2024 is set aside and the Original Application (OA No. 1386/2024) is remanded to the learned Tribunal to be decided afresh in accordance with law.

Key takeaways

Neither the observations made by the learned Tribunal in the Impugned Order nor those made by this Court in the present Order will influence the learned Tribunal in considering the Original Application filed by the respondent afresh on merits.ratio¶¶19

Detailed headnote1 paragraphs

High Court of Delhi at New Delhi (Navin Chawla & Harish Vaidyanathan Shankar, JJ., oral decision dated 22.01.2025) in W.P.(C) 14177/2024: Union of India & Ors. challenged the Order dated 04.04.2024 of the Central Administrative Tribunal, Principal Bench, New Delhi in OA No. 1386/2024 (Anish Pandey v. Union of India & Ors.). The respondent had been declared 'unfit' for appointment as Constable (Executive) (Male) in the Delhi Police Examination, 2023 by the Review Medical Examination Board's report dated 24.01.2024, which found 'Gross Deviated Nasal Septum with caudal deviation'. On the Court's request, CRPF ENT specialist Dr. Rajesh Kumar Singh joined virtually and explained that the condition is specifically mentioned as a disqualification in the medical guidelines applicable to the Central Armed Forces and would entail an issue in breathing by the candidate. Finding that the Tribunal had not considered these matters while passing the Impugned Order, the Court set the Order aside and remanded the Original Application to the Tribunal for fresh adjudication in accordance with law, clarifying that observations made therein or by this Court would not influence the Tribunal's fresh, merits-based consideration; parties were directed to appear before the Tribunal on 11.02.2025, and the petition and pending applications were disposed of.

$~85

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 22.01.2025

- W.P.(C) 14177/2024 & CM APPL. 59364/2024 & 59365/2024 UNION OF INDIA AND ORS .....Petitioners Through: Ms.Radhika Bishwajit Dubey, CGSC with Ms.Gurleen Kaur Waraich, Adv.

versus

ANISH PANDEY .....Respondent Through: Mr.Rajesh Chauhan, Adv.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

NAVIN CHAWLA, J. (Oral)

This petition has been filed by the petitioners, challenging the Order dated 04.04.2024 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as, ‘Tribunal’), in OA No. 1386/2024, titled Anish Pandey v. Union of India & Ors. , allowing the said Original Application filed by the respondent herein and directing the petitioners herein to conduct a fresh medical examination of the respondent herein by a freshly constituted Medical Board.

The respondent had been declared ‘unfit’ for appointment to the post of Constable (Executive) (Male) in the Delhi Police Examination, 2023 by a report dated 24.01.2024 of the Review Medical Examination Board, which found the respondent to be suffering from “Gross Deviated Nasal Septum with caudal deviation” .

To understand the nature of the medical condition of the

Signature Not Verified

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Digitally Signed W.P.(C) 14177/2024 By:SUNIL Signing Da te:2 8.01.2025 11:22:59

respondent, we had requested the petitioners to have a medical expert (ENT Specialist) join the proceedings today.

Dr. Rajesh Kumar Singh from the CRPF is present virtually today. He explains that this condition is specifically mentioned to be a disqualification in the medical guidelines applicable to the Central Armed Forces. He further submits that the condition means that there will be an issue in breathing by the candidate.

From the Impugned Order, we find that these issues have not been considered by the learned Tribunal while passing the Impugned Order.

In view of the above, we set aside the Impugned Order dated 04.04.2024 and remand the Original Application to the learned Tribunal to decide it afresh in accordance with law.

We make it clear that any observation made by the learned Tribunal in the Impugned Order or by us in the present Order, will not influence the learned Tribunal in considering the Original Application filed by the respondent herein afresh on merits.

The parties shall appear before the learned Tribunal on 11.02.2025.

The petition and the pending applications are accordingly disposed of.

NAVIN CHAWLA, J

HARISH VAIDYANATHAN SHANKAR, J

JANUARY 22, 2025 /rv/SJ

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W.P.(C) 14177/2024

Digitally Signed By:SUNIL Signing Da te:2 8.01.2025 11:22:59