Extracted from the PDF above. The PDF is authoritative.
$~95 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4873/2024
DIWAN SINGH
.....Petitioner
Through: Mr. Abhay Kumar Bhargava, Mr. Ajinkya Dhalwade, Advs.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Ms. Shagun Shahi Chugh, Mr. Varun Chugh, Ms. Khyati Sharma, Advs. for UOI. CORAM:
HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R %
29.07.2026 CM APPL. 48817/2026 (vacation of stay)
1. The petitioner has preferred questioning the order dated 27th March, 2024, whereby the Director General, BSF, qua a reasoned order, rejected the request of the petitioner for a particular posting of his choice, in view of his serious ailment. 2. It is the case of the petitioner that, having regard to the ailment as certified by the Medical Board constituted at AIIMS, New Delhi, he has already been issued a disability certificate. He has urged that he suffers from 60 per cent disability and has already lost one eye completely. It is further urged that, having suffered damage to his other eye as well, he requires not only continuous monitoring but also treatment from AIIMS, New Delhi. He has sought to demonstrate from the record that a special board was constituted This is a digitally signed order. 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 31/07/2026 at 14:09:06
at AIIMS, New Delhi, to decide the treatment to be imparted to the petitioner. Accordingly, it is urged that, having regard to the policy of the respondent/BSF, the petitioner should be granted a favourable posting at New Delhi, so as to facilitate him to have the appropriate medical assistance. 3. As against the above, learned counsel for the respondent states that not only has the petitioner requested permission to join at Guwahati, where he is transferred, but the factum is that the medical facilities are duly available at Guwahati. According to her, the petitioner can join Guwahati at any time but for the operation of the interim order by this Court. 4. We have considered the submissions. 5. No doubt, that the petitioner has been issued a disability certificate and is under treatment at AIIMS, New Delhi, for the diagnosed ailment i.e., Pituitary Macroadenoma. 6.
The Director General, in the impugned order, has specifically referred to the availability of appropriate medical facilities at Guwahati, if so, if the petitioner joins at Guwahati. 7. Apart from the above, the petitioner, through his Commandant, had already communicated, vide letter dated 17th March, 2025 that he has intentions to join Guwahati. 8. In such an eventuality, we see no reason to cause any interference in extraordinary jurisdiction, in the matter of directing the respondent to grant the favourable posting of petitioner at New Delhi. 9. That being so the writ petition stands dismissed and disposed of. 10. Interim order(s), if any, stands vacated. 11. The petitioner shall be permitted to join at Guwahati within a period of four weeks from today. We deem it appropriate to grant liberty to the This is a digitally signed order. 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 31/07/2026 at 14:09:06
petitioner to move before the respondent for an appropriate posting in case his ailment aggravates. 12. Pending application(s), if any, also stand disposed of. 13. Next date i.e., 21st September, 2026 stands cancelled. NITIN WASUDEO SAMBRE, J
AMIT SHARMA, J JULY 29, 2026/kr/ah
This is a digitally signed order. 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 31/07/2026 at 14:09:06