W .P.(C) 9615/2026 Page 1 of 28 $~ 54 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 19 th August, 2026 Date of decision : 25 th August, 2026 # CNR No. DLHC010306612026 + W .P.(C) 9615/2026 & CM APL. 44842 -43 /2026 TARUN KUM AR TRIPATHI (AGED ABOUT 23 YEARS) CDS EXAM INATION: CDS -II 2025 BATCH NO. D -CDSE/752 UPSC ROLL NO. 0803847 M ERIT RANK: 111 S/O SHRI RAJESH KUM AR R/O H. NO. RZF 626 B, SANJAY GANDHI M ARG RAJNAGAR PART -2, PALAM COLONY NEW DELHI - 110077 ......... PETITIONER Through: M r. Pushpendra Kumar Dhaka, M r. Abh ishek Kumar, M r. Ravi Kumar, M r. Harsh Dhaka, Advs. versus 1. UNION OF INDIA, THROUGH THE SECRETARY, M INISTRY OF DEFENCE SOUTH BLOCK, NEW DELHI - 110011 (uoidhc@ gmail.com) ......... RESPONDENT NO. 1 2. CHIEF OF THE ARM Y STAFF INTEGRATED HQ OF M OD (ARM Y) SOUTH BLOCK, NEW DELHI -110011 (uoidhc@ gmail.com ) ......... RESPONDENT NO. 2 3. DIRECTOR GENERAL ARM ED FORCES M EDICAL SERVICES W .P.(C) 9615/2026 Page 2 of 28 M INISTRY OF DEFENCE 'A' BLOCK, NEW DELHI -110023 ......... RESPONDENT NO. 3 (uoidhc@ gmail.com ) 4. THE DIRECTOR GENERAL RECRUITING (CDS ENTRY) INTEGRATED HQ OF M OD (ARM Y), W EST BLOCK -III RK PURAM NEW DELHI -110066 (uoidhc@ gmail.com ) ......... RESPONDENT NO. 4 Through: M s Amrita Prakash CGSC with Siddharth Srivastava Adv . M ajor Anish M uralidhar Army . CORAM : +21¶%/(05-867,&(1,7,1:$68'(2 +21¶%/(05-867,&($0,76+$50$ JUDGM ENT AM IT SHARM A , J. 1. The present petition under Articles 226 and 227 of the Constitution of India , 1950, seks the following prayers: - ³L 7R LVVXH D ZULW GLUHFWLQJ WK Apointment Order and thereby alow the petitioner to join the Indian M ilitary Academy (IM A) -161 course in Army imediately as the petitioner has been declared qualified in al aspects in the recru itment proces conducted through Combined Defence Services (CDS -I) Examination 2025. (i) Any other relief(s) as may be found necesary and expedient in the facts and circumstances of the case may DOVREHSDVVHG´ 2. On 13 th August, 2026, after hearing submissions made on behalf of the parties, this Court had passed the following order: - W .P.(C) 9615/2026 Page 3 of 28 ³ In the present petition, the prayer is for isuance of direction to the respondent to isue Apointment Order and further direction to the respondent to permit the petitioner to join the Indian M ilitary Academy (IM A) -161 course, with imediate effect, in view of the fact that the petitioner was declared qualified in all aspects in the recruitment process conducted through Combined Defence Services (CDS -I) Examinatio n, 2025. 2. The facts necesary for deciding the present petition are as under: 3. The petitioner, aspiring NDA, aplied for the NDA 145 Course in the year 2020 on intermediate qualification basis, i.e., 12th qualification. 4. The petitioner was decla red qualified and medicaly fit and accordingly, he joined the NDA 145 course as an Army cadet on 23rd April, 2021. 5. During the course of a cros country run, the petitioner, having sustained an injury i.e., stres fracture neck of femur (LT.), was reco mended for withdrawal from the course on medical grounds on 24th December, 202 while he was in the Fourth Semester. 6. Subsequent thereto, the petitioner underwent appropriate treatment for the aforesaid medical ailment/injury suffered by him. 7. The p etitioner, thereafter, upon completing graduation, apeared for the Coast Guard Comon Admision Test for the post of Asistant Comandant and qualified the same. Upon being declared medicaly fit by the Army Hospital (Research and Referal), New Delhi, he was isued an apointment order dated 02nd January, 2026. 8. Since the petitioner aspired to join the Armed Forces, during the selection proces in the Indian Coast Guard -2026 Course, he also aplied for the CDS -II Examination, 2025 in which he was decl ared qualified. W .P.(C) 9615/2026 Page 4 of 28 9. However, the petitioner was not issued his joining orders and was not communicated any reasons for the same, which has led to filing of the present petition. 10. Post filing of the counter -affidavit by the respondents, it is brought on record that the petitioner has deliberately supresed a material fact from the respondents during the process of application and selection viz. his earlier withdrawal on medical grounds from the services of Army. 1. As against this, the counsel for the petitioner states that it is an admited position borne out of record that the petitioner was withdrawn from the earlier NDA course in view of his having suffered a stres fracture neck of femur (LT.). The same led to the issuance of a certificate to the petitioner for his withdrawal from the course. 12. Subsequent thereto, the petitioner, having qualified the selection proces for the post of Asistant Comandant with Coast Guard, was subjected to the medical examination at Army Hospital (Research and Re feral), New Delhi, where he was certified to be medicaly fit for selection and apointment for the post of Asistant Comandant, Indian Coast Guard and was scheduled for undergoing the 2026 course. 13. Since the petitioner was interested in being place d in the Army, he pursued the CDS -I Examination, 2025 and cracked the same. 14. It is urged by the petitioner that his withdrawal from the Army Course on 24th December, 202, on medical grounds, has got extinguished in view of the medical certification isued by the Army Hospital (Research and Referral), New Delhi, conducted during his asesment for the post of Asistant Comandant, Indian Coast Guard. W .P.(C) 9615/2026 Page 5 of 28 15. As such, it is urged that the petitioner canot be non -suited only on the basis of the earlier m edical ground, or it canot be infered that there was any intention on the part of the petitioner to supress or furnish any incorect information. 16. As against the above, the counsel for the respondent has strenuously urged that once it is borne out of the record, i.e., the µ5HSRUWRQ$FFLGHQWDODQ - ,QIOLFWHG ,QMXULHV¶ anexed at Anexure P -5, that the petitioner had suffered a stress fracture neck of femur (LT.) which had led to his recomendation for withdrawal on medical grounds, it was expected from the petitioner to disclose the said information while filing the confidential medical examination report on entry. 17. According to the learned counsel for the respondent, the petitioner, in categorical terms, has stated that the petitioner has be n never discharged as medicaly unfit from any branch of Armed Forces, whereas the fact remains that the petitioner was declared as permanently unfit for any form of future military service as could be inferred from the Show Cause Notice dated 15th Decembe r, 202. 18. It is further urged by the counsel for the respondent that the petitioner was given the certificate of withdrawal, annexed at Annexure P -6, to make it clear to him that he has ben declared permanently unfit for any form of future military se rvices. 19. Apart from the above, it is the contention of the counsel for the respondent that the petitioner intended to become the part of the disciplined forces, which are entrusted with the duty of guarding the borders and defending the country. The ma in principles to be adopted by the officials/candidates who are selected are µLQWHJULW\¶DQGµKRQHVW\¶ 20. In the case in hand, though the petitioner was aware about his history qua his service and his discharge on medical grounds, it was expected of hi m to disclose the true information. W .P.(C) 9615/2026 Page 6 of 28 21. W hether the petitioner has ben declared medicaly fit from the Army Hospital (Research and Referal), while undergoing the selection proces for the post of Asistant Commandant, Coast Guard, wil hardly be of any consequence in the mater of supresion, which was found to be the basis for not giving the selection/appointment order to the petitioner. 2. At this stage, when confronted, the counsel for the respondent states that the entire record in relation to th e 202 procedings against the petitioner, whereby he was declared permanently unfit, shal be placed on record by the next date of hearing. 23. List on 19th August, 2026 on top of the Board in WKHµ 6XSSOHPHQWDU\OLVW¶ ´ 3. Today, learned counsel for the respondents has handed up in Court today, entire record of the procedings of the year 2022 against the petitioner, with respect to invaliding medical board constituted at WKH WLPH RI SHWLWLRQHU¶V ZLWKGUD National Defen ce Academy, Khadakwasla (NDA) . In addition to that, a two -page document titled as, ³Definition of Oficer Like Qualities ´ KDV DOV ben sought to be placed on record. Learned counsel for the petitioner has also sought to place on record written submissions wherein in addition to his submission s made on the last date of hearing , i.e., 13 th August, 2026, it is further urged that competent medical authority of the respondents themselves (AFCM E) has certified petitioner µ),7¶ for army services in the present recruitment, which is in q uestion. It is further submitted that the medical fitness of the petitioner has to be adjudicated as on the time of the relevant entry and medical examination for the recruitment concerned, and therefore, 2022 W .P.(C) 9615/2026 Page 7 of 28 invalidment does not operate as a perpetual ba r. It is reiterated that the two apex M ilitary establishments (AFCM E and Army Hospital, RNR) have given concurent finding s with respect to the medical fitness of the petitioner. The documents handed up by learned CGSC for the respondents as well as learne d counsel for the petitioner in Court today are taken on record. 4. Reliance is placed on notificatio n dated 28 th M ay, 2025 issued by Union Public Service Commission in respect of Combined Defence Services Examination (I), 2025, especially on the followi ng portion wherein, disqualification s have ben explained: - ³9. DISQUALIFICATION FOR ADM ISSION TO THE TRAINING COURSE: Candidates who were admited to an earlier course at the National Defence Academy, Indian M ilitary Academy, Air Force Academy, Indian Naval Academy; Oficers' Training Academy, Chennai but were removed there from on disciplinary ground wil not be considered for admision to the Indian M ilitary Academy, Indian Naval Academy, Air Force Academy or for grant of Sho1i Service Comision in the Army. Candidates who were previously withdrawn from the Indian M ilitary Academy for lack of Oficer like qualities wil not be admited to the Indian M ilitary Academy. Candidates who were previously selected as Special Entry Naval Cadets but were w ithdrawn from the National Defence Academy or from Naval Training Establishments for lack of Oficer -like qualities wil not be eligible for admision to the Indian Navy. W .P.(C) 9615/2026 Page 8 of 28 Candidates who were withdrawn from Indian M ilitary Academy, Officers' Training Acad emy, NC and Graduate course for lack of Officer -like qualities wil not be considered for grant of Short Service Comision in the Army. Candidates who were previously withdrawn from the NC and Graduates' course for lack of Oficer -like qualities wil n ot be admited to the Indian M ilitary Academy. ´ 5. In view of the aforesaid, i t is submitted that the disqualification s do QRW LQFOXGH ³SUHYLRXV PHGLFDO X ´ RU ³SULRU UHOH PHGLFDOJURXQG´,WLVIXUWKHUVX er withdrawn for want of either Oficer Like Qualities or on any disciplinary, character or aptitude ground and the sole reason for his withdrawal was the injury as has ben mentioned above. It is further contended that there was no suppression RIDQ\³PDW HULDOIDFW´ as well as ³QR deliberate false GHFODUDWLRQ´ was made by the petitioner inasmuch as he ha d disclosed his joining in NDA in application form, and same is also the admitted case of the respondents. 6. It is pointed out that the fact of examinat ion of the petitioner by Invalidment M edical Board constituted by the respondent s was well within the ir knowledge. Insofar as the answers µ12¶ LQ WK interogation form as to whether the petitioner had ever been ³UHMHFWHG´ RU ³GLVFKDUJHG´ DV PHG t, it is submitted that a cadet/traine, who was withdrawn/ invalidated on medical grounds during training , would not be considered a candidate , who was ³UHMHFWHG´ DW VHOHFWLRQ RU ³GLVFK - µ12¶ , therefore, as per learned coun sel for the petitioner, were a W .P.(C) 9615/2026 Page 9 of 28 bonafide understanding of ambiguous question , and were not calculated to deceive as otherwise, the petitioner would not have disclosed his NDA attendance and training in his main application in the subject recruitment process . 7. It is further contended that the enquiry as per the interogation form was neither specific nor internally consistent. It is argued that t he UHOHYDQWGRFXPHQWXVHVWKHH[SUHVV ³GLVDELOLW\´LQDQRWKHU , and at no place there is any specific question GLUHFWHGWR³LQYDOLGPHQW´5HOLDQF +RQ¶EOH6XSUHPH&RXUWLQ Avtar Singh v. Union of India 1, to submit that where the query put to the candidate is vague and not specific, no adverse action c an be founded on the alleged non -disclosure. 8. It is further contended that aforesaid alleged non -disclosure was not material. It is the submission of learned counsel for the petitioner that suppression RI ³PDWHULDO´ information presupposes that what is ZLWKKHOG³PDWWHUV´ , i.e., its disclosure would have altered the decision on eligibility. Hence, it is argued that prior medical unfitness is not a disqualification under the notification , and as the petitioner has independently ben found µ),7¶ on fresh examination, he can not suffer any disqualification on acount of afore said alleged non - disclosure. It is further argued that at the time of withdrawal from NDA , the petitioner was mere ly a 19 -year -old cadet and not an oficer or oficer -traine , who could not reasonably be expected to appreciate 1 (2016) 8 SC 471 W .P.(C) 9615/2026 Page 10 of 28 the legal consequences of the invalidment , and his signatures /specimen were obtained on a pre -printed proforma dated 15 th December, 2022. It is the case of the petitioner that he did not file appeal against the medi cal finding s dated 15.12.2022 as he ha d no ocasion to contest the same at th at relevant point in time , and the same cannot be considered as a lifetime disqualification. It is further the case of the petitioner that the final order of invalidment , stated t o be issued in 2024 , was never served upon the petitioner and the same therefore , would not bind the petitioner . 9. Learned counsel for the petitioner further submits that since the petitioner has not been granted any disability pension, ex -servicemen st atus or ex -gratia benefits ordinarily extended to soldiers, oficers or cadets who are genuinely invalid ed /medically discharged from service , and absence of any such consequence confirms that , the petitioner does not stand on the footing of a person perman ently invalided out of service . T herefore, this cannot be taken as purpose of denying him induction in the present recruitment process. 10 . It is finally argued that not every non -disclosure or technical false statement would not entail automatic disquali fication. Reliance is SODFHG RQ D MXGJPHQW RI +RQ¶EOH $ bad High Court (Lucknow Bench) Division Bench in case of Sidharth Tiwari v. Union of India and Ors. 2, (particularly on para graph s 23 to 26 ), to submit that the Courts can intervene if the punishm ent imposed by an 2 W .P. No. 3103 of 2018 decided on 20.06.2018 : 2018 SC OnLine All 2358 W .P.(C) 9615/2026 Page 11 of 28 DXWKRULW\LV³VKRFNLQJGLVSURSRUW alleged fault. 11. For the purpose of doctrine of proportionality, reliance has ben placed on the following judgments by learned counsel for the petitioner : - a. Com m issioner of Police v. Sandep Kum ar, (2011) 4 SCC 644; b. Chairm an -cum -M anaging Director, Coal India Ltd. v. M ukul Kum ar Choudhuri, (2009) 15 SCC 620. 12. Additionally , it is further submitted that the petitioner was never issued any show -cause notice no r any written reasons and same have emerge d only when the present petition was filed and counter afidavit has ben placed on record by the respondents . 13. Heard learned counsel s for the parties and perused the records. 14. Communication dated 12 th M ar ch, 2024 with respect to Invaliding M edical Board Procedings against the Petitioner as Cadet 145 NDA has ben placed on record and same reads thus: - W .P.(C) 9615/2026 Page 12 of 28 ³ ´ 15. A perusal of the aforesaid communication would reflect that invaliding medical procedings dated 15 th December, 2022 with W .P.(C) 9615/2026 Page 13 of 28 respect to the petitioner was approved by DGM S on 26 th February, 2024. The said communication further refers to Note Shet (N -20 ) dated 13 th February, 2024, whereby appeal filed by the petitioner against the IM B procedings on med ical ground was rejected. 16. Part -VI of the aforesaid Invalidation M edical Board procedings further records as under: - ³ ´ 17. The aforesaid medical documents/ record further demonstrate that the petitioner had refused to undergo operation/treatment after having ben explained the efects of the same. It further records that the medical board has considered it probable that the operation/treatment would have cure d the disability and reduce d it in percentage probably by 50% . Similarly, it has ben fur ther recorded WKDW WKH PHGLFDO ERDUG GLG QRW F operation as reasonable as in its opinion, the petitioner was µadvised W .P.(C) 9615/2026 Page 14 of 28 Percutaneous screw fixation and was counselled about bad prognosis if surgery is not undertaken ¶. The f ollowing portion from the medical record is reproduced hereinbelow: - ³ ´ W .P.(C) 9615/2026 Page 15 of 28 18. By way of c ertificate for commutation of pension dated 15 th December, 2022, the petitioner was certified for commutation of pension and was given fitness certificate for civil e mployment. The said certificate for comutation of pension dated 15 th December, 2022 is reproduced as under: - ³ ´ 19. Further, i t is pertinent to note that a note with respect to ³(PSOR\DELOLW\ RI Armed Forces Person Retiring In Low M edical W .P.(C) 9615/2026 Page 16 of 28 &DWHJRU\´ DOVR forms part of the aforesaid procedings, which is reproduced as under: - ³ ´ W .P.(C) 9615/2026 Page 17 of 28 20 . A perusal of the aforesaid documents would demonstrate that the petitioner was admittedly invalid at ed out from NDA, Khadakwasla . The sequence of recommendation of the med ical procedings as well as the confirmation of the subsequent authorities is as under: - ³ ´