$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010437542026 + W.P.(C) 13478/2026 & CM APPL. 62892/2026, CM APPL. 62893/2026 SAURABH YADAV .....Petitioner Through: Mr. Shivashish Gunwal, Advocate versus UNION OF INDIA & ORS. .....Respondents Through: Mrs. Anubha Bhardwaj, CGSC with Ms. Ananya Shamshery, Ms. Manavi Dhingra and Mr. Sparsh Sharma Advocates Mr. Vinod Sawant (Law Officer), Inspector Athurv, CRPF CORAM: HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE SANJAY SHARMA O R D E R % 25.09.2026 1. Heard. 2. The petitioner, at present, is serving with the Border Security Force (‘BSF’) in the capacity of Sub-Inspector. 3. The Staff Selection Commission invited applications for recruitment to the post of Sub-Inspector (Hindi Translator) in CRPF. The petitioner cleared the preliminary examination and as a sequel, he appeared for Tier-II, i.e., Descriptive Examination. 4. The petitioner was declared successful in the Tier-II examination and 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 28/09/2026 at 12:04:27 shortlisted for the subsequent stage, i.e., Physical Standard Test (‘PST’) and Medical Examination. 5. It appears that petitioner suffered from Malaria which prompted his hospitalization from 17th July, 2026 to 20th July, 2026 and immediately thereafter, petitioner appeared for the PST with the respondents qua the aforesaid recruitment process. 6. The detailed medical examination of the petitioner reflects his haemoglobin percentage to be 9.5 gm%, whereas in Review Medical Examination conducted on 25th August, 2026, same was shown to be 10.3 gm%. 7. The same has resulted into the petitioner’s candidature being not considered, which led to the filing of petition for issuing of directions for constitution of fresh and independent Medical Board. 8. Reliance is placed by the petitioner on the report of NDMC Charak Palika Hospital so as to urge that as on 27th August, 2026, his haemoglobin percentage was 11.2 gm% and as such, can be said to be medically fit. 9. It is further urged that it is only the temporary health condition viz. his sufferance from Malaria which has prompted in dropping his haemoglobin percentage which is recovered by this time. 10. Drawing support from the Division Bench order of this Court in the matter of ‘Ms. Jaya v. Union of India’ delivered in W.P.(C) 17255/2025 decided on 19th November, 2025, it is urged that even if there is no provision, this Court can direct the constitution of Medical Board. 11. The prayer is strenuously opposed on the ground that once the Board has examined and certified the candidature of the petitioner to be not fit, there is no provision in the statute to go for further review. It is urged that 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 28/09/2026 at 12:04:27 the writ petition, in such an eventuality, is liable to be rejected as the petitioner lacks any statutory right in support of prayer made in the petition. 12. Having considered the rival claims, the fact as regards the petitioner’s sufferance from Malaria is borne out of the record and as such, cannot be disputed. 13. It is necessary corollary qua the sufferance of the petitioner from the said disease i.e. haemoglobin percentage is dropped as noticed in the present case. 14. The recovery of haemoglobin percentage in a human being like the petitioner requires certain time and in the present case, the petitioner so as to substantiate his claim that his haemoglobin percentage has gone up has relied on the Haematology Analysis Report issued by NDMC Charak Palika Hospital, which is of 27th August, 2026. 15. In such an eventuality, it cannot be said that the dropping haemoglobin percentage in the physical/medical test of the petitioner was a permanent phenomenon, particularly, having regard to the history narrated by the petitioner qua his sufferance from Malaria. 16. Once it is settled position in the medical science that the improvement in the health post sufferance of Malaria, particularly, in regard to the haemoglobin percentage takes certain time, the petitioner, in our opinion, has rightly relied on the Haematology Analysis Report dated 27th August, 2026 issued by the NDMC Charak Palika Hospital. 17. As such, in our opinion, a case for consideration is made out. 18. Rightly so, the petitioner has invited our attention and also drawn support from the order of this Court in the matter of ‘Ms. Jaya v. Union of India’ (cited supra), which squarely covers the issue referred above. 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 28/09/2026 at 12:04:27 19. In that view of the matter, we deem it appropriate to pass the following order:- a. The respondents shall constitute a Medical Board within two weeks from today and assess the medical health of the petitioner afresh. b. In case petitioner qualifies the medical test and other requisite qualification, the petitioner’s case be considered for issuance of the appointment order. c. Any action pursuant to the selection process during this period, taken by the respondent shall be subject to outcome. 20. The petition, accordingly, stands disposed of. 21. Pending applications also stand disposed of accordingly. 22. Order be uploaded on the website of this Court. NITIN WASUDEO SAMBRE, J SANJAY SHARMA, J SEPTEMBER 25, 2026/pr 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 28/09/2026 at 12:04:27