Petitioner declared unfit for Assistant Sub-Inspector (Executive) post due to moderate left-sided hydrocele and epididymo-orchitis in DME and RME. Court held Clause 2(6)(25) of Medical Guidelines mandates rejection of candidature for hydrocele not operated upon, finding no fault with the medical reports and dismissing the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 16.01.2025
versus
UNION OF INDIA AND ORS .....Respondents Through: Mr.Jagdish Chandra, CGSC, Mr.Shubham Kr. Mishra, Adv. with AC Raj Kumar, SI P. Devendo, SI Amit Kumar, SI Rahul Sinha-CISF
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA HON’BLE MS. JUSTICE SHALINDER KAUR
NAVIN CHAWLA, J. (Oral) CM APPL. 2436/2025 (Exemption)
Signature Not Verified Digitally Signed By:SUNIL Signing Da te:2 0.01.2025 19:28:41
WP(C) 522/2025 Page 1 of 4
the petitioner ‘ Unfit ’ for appointment on the grounds of:-
“Left Testicular Hypertrophy and Scrotal Swelling .”
“2) Brief of Review Medical Examination & Finding thereof. Board examined the candidate O/ E- Lt. Sided Scrotal Swelling +ve fluctuations present Board. Further referred him for USG scrotum & specialist opinion. USG srcotum dt 7/12/24 shows. Mild to moderate hydrocele with mild left sided epididymo orchitis mild Rt sided epididymistis seen.
Dr. Atul Saraswat Asso. Professor, Gen. Surgery, GIMS opinions Lt hydrocele It epididymorchitis present. He advised. Scrotal support & medicines. As per sensed guidelines for recruitment May 2015, pg 8. Para 6, subpara, 25 & 28 page 35, para XIII, subpara 3(e) & investigation & examination Board declares him UNFIT for Lt Sided hydrocele (Moderate) & Lt epididymoorchitis 3) Final Opinion UNFIT a) Lt sided hydrocele (moderate) It b) UNFIT on account of epididymiooerchitis”
Signature Not Verified
WP(C) 522/2025 Page 2 of 4
Digitally Signed By:SUNIL Signing Da te:2 0.01.2025 19:28:41
examination at Dr. Ram Manohar Lohiya Hospital, New Delhi and at the VMMC & Safdarjung Hospital, New Delhi wherein the doctors have opined that the Hydrocele in the case of the petitioner is small and does not require any active surgical intervention and he is fit to join the duty.
“6. GENERAL GROUNDS FOR REJECTION
xxx
25) Large hydrocele, even if curable by operation. Small hydrocele (if operated upon & no bad scar is left after operation, may be accepted).”
Signature Not Verified
WP(C) 522/2025 Page 3 of 4
Digitally Signed By:SUNIL Signing Da te:2 0.01.2025 19:28:41
has been declared as moderate. However, the petitioner has not undergone a surgery for the same.
NAVIN CHAWLA, J
SHALINDER KAUR, J
JANUARY 16, 2025/Arya/IK
Click here to check corrigendum, if any
Signature Not Verified Digitally Signed WP(C) 522/2025 Page By:SUNIL Signing Da te:2 0.01.2025 19:28:41
4 of 4
1 issue framed by the court
Whether the petitioner's declaration as 'Unfit' in DME and RME for moderate left-sided hydrocele complied with Clause 2(6)(25) of the Medical Guidelines.
1 provisions across 1 enactments
Nitish Kumar
Union of India and Ors
Navin Chawla
Shalinder Kaur
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
