$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010262522026 + W.P.(C) 8251/2026, CM APPL. 39030/2026 – INTERIM RELIEF PRATEEK SINGH .....Petitioner Through: Mr. Aviral Chandra, Mr. Pushkar Priyadarshi & Mr. Shubham Verma, Advs. alongwith Petitioner in person. versus UNION OF INDIA AND ORS .....Respondent Through: Mr Anil Panwar SPC, Mr Bipul Kumar GP, Mr Tanishq Panwar, Mrs Arushi A Panwar, Mr Kartik Magoo, Ms. Twisha, Mr Nikhil Goel, Mr Sahej Sawhney, Advocates for R-1/UOI. CORAM: HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 17.08.2026 CM APPL. 39031/2026 – EXMP. FROM FILING CERTIFIED COPIES 1. Allowed, subject to all just exceptions. 2. This application is disposed of. W.P.(C) 8251/2026, CM APPL. 39030/2026 – INTERIM RELIEF 3. The prayer in the present petition reads thus: - “A. Issue a Writ of Certiorari for quashing the order I declaration passed by the medical board CAPF dated 01st of June, 2026 and order I declaration passed by review medical board dated 03rd of June 2026, whereby the Petitioner was 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 19/08/2026 at 12:20:37 declared medically unfit by the Respondent being an arbitrary, unjust and untenable order. B. Issue Writ of Mandamus directing the respondents to allow the Petitioner to appear for a fresh medical examination preferably R&R Hospital, New Delhi as in earlier decided case i.e. WP (C). 15801/2025 titled as Abhishek v/s Union of India & Ors. or before an independent Medical board as this Hon'ble court deems fit for the Petitioner and if found fit, be a part of the further selection process of appointment of Assistant Commandant in CAPF, 2025 with all consequential benefits. C. Pass any other or further order(s) as this Hon'ble court deems fit in the light of the above-mentioned facts and circumstances of the present case be allowed in favour of the petitioner and against the respondent.” 4. The petitioner applied for the post of Assistant Commandant in Central Armed Police Force, in the year 2023. Having qualified the written test, he was called upon for evaluation of personality test on 5th June, 2024; however, he failed to secure a position in the same in the subsequent examination of the year 2025, for the very similar post, the petitioner was qualified and also underwent Physical Standard Test on 3rd August, 2025. 5. The petitioner was subjected to examination on 1st June, 2026, and was found unfit for the following reason(s): - “1. Reason for Unfit: Persistent Tachycardia” 6. The petitioner in the personality test was called for Medical Standard Test and Review Medical Test Examination, in which it was discovered that the petitioner was suffering from the following ailment: - “2. Brief of Examination & Findings thereof: Candidate was admitted in CH CRPF NEW DELHI. 24 hr 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 19/08/2026 at 12:20:37 Holter, 2D ECHO, TFT was done. Heart Rate is normal (as per Holter Studies). Hence fit in Persistent Tachycardia, but 2D Echo Show Mild MR, Mild AR, Mild TR. Hence he is counted UNFIT in. Cardiac Murmur (Regurgitation) 3. Opinion: (a) Fit (b) Unfit on account of: Cardiac Murmur (Regurgitation)” 7. As such, it is the contention of the learned counsel for petitioner that there are two reports by the Medical Authorities qua his ailment, and in such an eventuality this case needs to be referred to the third authority. So as to substantiate the said contention, learned counsel for the petitioner has relied upon the order dated 14th October, 2025, passed by the learned Division Bench of this Court in the matter of Abhishek vs. Union of India and Ors., in W.P.(C) 15801/2025, wherein this Court, on a similar set of facts, had directed third opinion in the matter by the Cardiologist of Army Research & Referral Hospital. Learned counsel for the petitioner submits that in the aforesaid background, the latter is also entitled for the similar relief and he shall abide by the opinion rendered by the experts, if so, directed by this Court. 8. Learned counsel appearing on behalf of the respondents, in the given facts and circumstances, states that the petitioner can be referred for the third opinion, as claimed by him in terms of the prayer clause “B” of the present petition. 9. Having regard to the aforesaid and in view of the order of this Court in the matter of Abhishek (Supra), it will be appropriate, in our opinion, to follow the very same view in the present matter. 10. That being so, we direct that the petitioner be referred to and examined by a qualified Cardiologist of Army Research & Referral Hospital. 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 19/08/2026 at 12:20:37 Cardiologist be provided with the copies of both the aforesaid reports, and the Cardiologist shall assess the heart condition/health of the petitioner and inform the decision as to whether the petitioner suffers from the alleged heart ailment or not. 11. The Medical Superintendent of Army Research and Referral Hospital shall ensure that the petitioner is examined by the competent Cardiologist on 24th August, 2026, or such other date as shall be fixed by the competent authority. 12. In case, if the report is adverse to the interest of the petitioner, the petitioner shall abide by the decision of the competent authority of the respondent, and in case the report is in favour of the petitioner, he shall be treated at par with the other selected candidates. 13. The present petition stands disposed of in the above said terms. 14. Pending application(s), if any, also stand disposed of. 15. Order be uploaded on the website of this Court, forthwith. NITIN WASUDEO SAMBRE, J AMIT SHARMA, J AUGUST 17, 2026/kr/db 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 19/08/2026 at 12:20:37