ASHISH KUMAR S/O SHRI MUKESH KUMAR v. THE UNION OF INDIA
CW/14693/2023 · 2026-03-12
Anand Sharma
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 581 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 581 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:11697] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR (1) S. B. Civil Writ Petition No. 14897/2021 Saurabh Singh Sanket Son Of Tikam Singh, Aged About 28 Years, 51- Farida Bagh, Uit Colony, Prithvi Raj Nagar, Bhagwan Ganj, Ajmer ( Rajasthan) 305001 ----Petitioner Versus
1. The Union Of India, Through Home Secretary, Department Of Home, Ministry Of Home Affairs, Government Of India, North Block, New Delhi 110001
2. Staff Selection Commission Through Its Chairman, Block No. 12, CGO Complex, Lodhi Road, New Delhi, 110003
3. Regional Director (NR), Northern Region (NR), Staff Selection Commission, Block No. 12, CGO Complex, Lodhi Road, New Delhi- 110003
4. Presiding Officer/member Of The DME/RME Board of Sis- Asis/GD (Male/Female) Rectt-2019, Through Staff Selection Commission (SSC), Centre at GCC-I, CRPF, Ajmer (Rajasthan)- 305007. ----Respondents Connected With (2) S. B. Civil Writ Petition No. 12986/2021 Manish Kasotiya Son Of Shri Ishwar Lal, Aged About 27 Years, Resident Of Karni Colony, Dala Balaji Road, Kuchamancity, District Nagaur, At Present Resident Of B-86, Tara Nagar, Jhotwara, Jaipur (Raj.) ----Petitioner Versus
1. Union Of India, Through Its Secretary, Ministry Of Personnel, Public Grievances And Pensions, Govt. Secretariat, New Delhi. 2. Commissioner, Staff Selection Commission, Block No. 12, CGO Complex, Lodhi Road, New Delhi-1100003
3. Staff Selection Commission, Northern Region, Block No. 12, CGO Complex, Lodhi Road, New Delhi-1100003 Through Its Regional Director. ----Respondents
[2026:RJ-JP:11697] (2 of 18) [CW-14897/2021] (3) S. B. Civil Writ Petition No. 13250/2021 Sumit Kumar Sehra S/o Shri Suresh Chand Sehra, Aged About 25 Years, Resident Of Village Post Kalyanpura Khurd Kotputali District Jaipur. ----Petitioner Versus
1. Staff Selection Commission, Through Its Chairman, Block No.12, CGO Complex, Lodhi Road, New Delhi- 110003. 2. Regional Director (NR), Staff Selection Commission, Block No.12, CGO Complex, Lodhi Road, New Delhi- 110003. 3. Presiding Officer, DME/RME Board Of Sis-ASIs (GD) (Male/female) Recruitment, 2019 Through Staff Selection Commission Centre At GC-1, CRPF, Ajmer (Rajasthan). ----Respondents (4) S. B. Civil Writ Petition No. 13699/2021 Vishnu Kumar Yadav S/o Sube Ram Yadav, Aged About 23 Years, Resident Of Village Kajota, Post Chhilodi, Tehsil Laxmangarh, Alwar, Rajasthan. ----Petitioner Versus
1. Union Of India, Through Secretary, Ministry Of Personnel, Public Grievances And Pensions, Department Of Personnel And Training Staff Selection Commission Having Its Address At Block No. 12, CGO Complex, Lodhi Road, New Delhi -
110003. 2.
Staff Selection Commission, Northern Region, Through Regional Director, Block No. 12, CGO Complex, Lodhi Road, New Delhi - 110003. 3. Presiding Officer, DME/RME, Board Of SIs-ASIs/GD (Male/Female), Recruitment - 2019, Through SSC, Centre At GC-I, CRPF, Ajmer, Rajasthan. ----Respondents (5) S.B. Civil Writ Petition No. 13886/2021 Kishor Parihar Son Of Bhagwana Ram, Aged About 25 Years, Present Address - Room No. 31, Dr. Ambedkar Memorial Welfare Society, Jhalana Doongri, Jaipur (Rajasthan)-302004. ----Petitioner
[2026:RJ-JP:11697] (3 of 18) [CW-14897/2021] Versus
1. The Union Of India, Through Home Secretary, Department Of Home, Ministry Of Home Affairs, Government Of India, North Block, New Delhi -110001. 2. Staff Selection Commission, Through Its Chairman, Block No. 12, CGO Complex, Lodhi Road, New Delhi - 110003. 3. Regional Director (NR), Northern Region (NR), Staff Selection Commission, Block No. 12, CGO Complex, Lodhi Road, New Delhi - 110003. 4. Presiding Officer/member Of The DME/RME Board Of SIs- ASIs/GD (Male/Female) Rectt-2019, Through Staff Selection Commission (SSC), Centre At GCC-I, CRPF, Ajmer (Rajasthan) - 305007. ----Respondents (6) S. B. Civil Writ Petition No. 14137/2021 Amit Kumar Bhambhu Son Of Jai Pal Bhambhu, Aged About 24 Years, Present Address - House No. 157, Gangotri Nagar, Near Triveni Pulia, Jaipur (Rajasthan)- 302018 ----Petitioner Versus
1. The Union Of India, Through Home Secretary, Department Of Home, Ministry Of Home Affairs, Government Of India, North Block, New Delhi - 110001. 2. Staff Selection Commission, Through Its Chairman, Block No. 12, CGO Complex, Lodhi Road, New Delhi - 110003. 3. Regional Director (NR), Northern Region (NR), Staff Selection Commission, Block No. 12, CGO Complex, Lodhi Road, New Delhi-110003. 4. Presiding Officer/Member Of The DME/RME Board of SIs- ASIs/GD (Male/Female) Rectt-2019, Through Staff Selection Commission (SSC), Centre At GCC-I, CRPF, Ajmer (Rajasthan) - 305007. ----Respondents (7) S. B. Civil Writ Petition No. 14389/2021 Vijay Pal Son Of Ved Prakash, Aged About 25 Years, Present Address House No. 43, Ward No. 05, Lilas (121), Bhiwani (Haryana) - 127046. ----Petitioner
[2026:RJ-JP:11697] (4 of 18) [CW-14897/2021] Versus
1.
The Union Of India, Through Home Secretary, Department Of Home, Ministry Of Home Affairs, Government Of India, North Block, New Delhi - 110001. 2. Staff Selection Commission, Through Its Chairman, Block No. 12, CGO Complex, Lodhi Road, New Delhi - 110003. 3. Regional Director (NR), Northern Region (NR), Staff Selection Commission, Block No. 12, CGO Complex, Lodhi Road, New Delhi - 110003. 4. Presiding Officer/Member Of The DME/RME Board Of SIs- ASIs/GD (Male/Female) Rectt-2019, Through Staff Selection Commission (SSC), Centre At GCC-I, CRPF, Ajmer (Rajasthan) - 305007. ----Respondents (8) S.B. Civil Writ Petition No. 14390/2021 Ramchandra Nath Siddh Son Of Poos Nath Siddh, Aged About 26 Years, Present Address, Plot No. B-16, Bhagwan Nagar, Todi Harmada, Jaipur ( Rajasthan) 332013 ----Petitioner Versus
1. The Union of India, Through Home Secretary, Department Of Home, Ministry Of Home Affairs, Government Of Inida, North Block, New Delhi 110001
2. Staff Selection Commission Through Its Chairman, Block No. 12, CGO Complex, Lodhi Road, New Delhi- 110003
3. Regional Director (NR), Northern Region (NR), Staff Selection Commission, Block No. 12, CGO Complex, Lodhi Road, New Delhi 110003
4. Presiding Officer/Member of The DME/RME Board Of SIs- ASIs/GD (Male/Female) Rectt-2019, Through Staff Selection Commission (SSC), Centre At GCC-I, CRPF, Ajmer (Rajasthan)- 305007 ----Respondents (9) S. B. Civil Writ Petition No. 14599/2021 Ashish Dhaka Son Of Ram Lal, Aged About 25 Years, Present Address- Sonu Boys Pg, 562, Bhagat Singh Marg, Muktanand Nagar, Durgapura, Jaipur (Rajasthan)- 302018. ----Petitioner
[2026:RJ-JP:11697] (5 of 18) [CW-14897/2021] Versus
1. The Union Of India, Through Home Secretary, Department Of Home, Ministry Of Home Affairs, Government Of India, North Block, New Delhi - 110001. 2. Staff Selection Commission, Through Its Chairman, Block No. 12, CGO Complex, Lodhi Road, New Delhi- 110003. 3. Regional Director (NR), Northern Region (NR), Staff Selection Commission, Block No. 12, CGO Complex, Lodhi Road, New Delhi - 110003. 4. Presiding Officer/Member Of The DME/RME Board Of SIs- ASIs/GD (Male/Female) Rectt-2019, Through Staff Selection Commission (SSC), Centre At GCC-I, CRPF, Ajmer (Rajasthan) - 305007.
----Respondents (10) S. B. Civil Writ Petition No. 14604/2021 Narsingh Bairwa Son Of Mool Chand Bairwa, Aged About 24 Years, Present Address - Ward No. 5, Garudwasi, Garoodwasi, Jaipur (Rajasthan) - 303901 ----Petitioner Versus
1. The Union Of India, Through Home Secretary, Department Of Home, Ministry Of Home Affairs, Government Of India, North Block, New Delhi - 110001. 2. Staff Selection Commission, Through Its Chairman, Block No. 12, CGO Complex, Lodhi Road, New Delhi- 110003. 3. Regional Director (NR), Northern Region (NR), Staff Selection Commission, Block No. 12, CGO Complex, Lodhi Road, New Delhi - 110003. 4. Presiding Officer/Member Of The DME/RME Board Of SIs- ASIs/GD (Male/Female) Rectt-2019, Through Staff Selection Commission (SSC), Centre At GCC-I, CRPF, Ajmer (Rajasthan) - 305007. ----Respondents (11) S. B. Civil Writ Petition No. 14838/2021 Rajan Sisodiya Son Of Chandra Prakash Sisodiya, Aged About 24 Years, Address Behind Trd Railway Colony, Bairwa Mohalla, Sawai Madhopur (Rajasthan) - 322001. ----Petitioner
[2026:RJ-JP:11697] (6 of 18) [CW-14897/2021] Versus
1. The Union Of India, Through Home Secretary, Department Of Home, Ministry Of Home Affairs, Government Of India, North Block, New Delhi - 110001. 2. Staff Selection Commission, Through Its Chairman, Block No. 12, CGO Complex, Lodhi Road, New Delhi - 110003. 3. Regional Director (NR), Northern Region (NR), Staff Selection Commission, Block No. 12, CGO Complex, Lodhi Road, New Delhi - 110003. 4. Presiding Officer/Member Of The DME/RME Board Of SIs- ASIs/GD (Male/Female) Rectt-2019, Through Staff Selection Commission (SSC), Centre At GCC-I, CRPF, Ajmer (Rajasthan) - 305007. ----Respondents (12) S.B. Civil Writ Petition No. 14895/2021 Jitendra Kumar Meena Son Of Kailash Chand Meena, Aged About 27 Years, Village Rehadiya Post Chandera Tehsil Baswa, District Dausa ( Rajasthan) 303323 ----Petitioner Versus
1. The Union Of India, Through Home Secretary, Department Of Home, Ministry Of Home Affairs, Government Of India, North Block, New Delhi 110001
2. Staff Selection Commission Through Its Chairman, Block No. 12, CGO Complex, Lodhi Road, New Delhi, 110003
3.
Regional Director (NR), Northern Region (NR), Staff Selection Commission, Block No. 12, CGO Complex, Lodhi Road, New Delhi- 110003
4. Presiding Officer/Member Of The DME/RME Board Of SIs- ASIs/GD (Male/Female) Rectt-2019, Through Staff Selection Commission (SSC), Centre At GCC-I, CRPF, Ajmer ( Rajasthan)- 305007 ----Respondents (13) S. B. Civil Writ Petition No. 14896/2021 Ankit Meena Son Of Bhajan Lal Meena, Aged About 26 Years, Khaspuriya Village Post Gambhira Tehsil Nainwa, Bundi ( Rajasthan) 323801 ----Petitioner
[2026:RJ-JP:11697] (7 of 18) [CW-14897/2021] Versus
1. The Union Of India, Through Home Secretary, Department Of Home, Ministry Of Home Affairs, Government Of India, North Block, New Delhi 110001
2. Staff Selection Commission Through Its Chairman, Block No. 12, CGO Complex, Lodhi Road, New Delhi, 110003
3. Regional Director (NR), Northern Region (NR), Staff Selection Commission, Block No. 12, CGO Complex, Lodhi Road, New Delhi- 110003
4. Presiding Officer/Member Of The DME/RME Board Of SIs- ASIs/GD (Male/Female) Rectt-2019, Through Staff Selection Commission (SSC), Centre At GCC-I, CRPF, Ajmer (Rajasthan)- 305007 ----Respondents (14) S. B. Civil Writ Petition No. 15047/2021 Siddharth Son Of Shiv Charan Meena, Aged About 26 Years, Address - Village Post Jagjeevanpur, Tehsil Weir, Bharatpur (Rajasthan) 321408 ----Petitioner Versus
1. The Union Of India, Through Home Secretary, Department Of Home, Ministry Of Home Affairs, Government Of India, North Block, New Delhi - 110001. 2. Staff Selection Commission, Through Its Chairman, Block No. 12, CGO Complex, Lodhi Road, New Delhi - 110003. 3. Regional Director (NR), Northern Region (NR), Staff Selection Commission, Block No. 12, CGO Complex, Lodhi Road, New Delhi - 110003. 4. Presiding Officer/Member Of The DME/RME Board Of SIs- ASIs/GD (Male/Female) Rectt-2019, Through Staff Selection Commission (SSC), Centre At GCC-I, CRPF, Ajmer (Rajasthan) - 305007. ----Respondents (15) S. B. Civil Writ Petition No. 1005/2022 Mali Ram Yadav Son Of Mool Chand Yadav, Aged About 27 Years, Address Village Ladakabas, Post Bagawas, Ahiran, Kotputli, Jaipur (Rajasthan)-303106. ----Petitioner
[2026:RJ-JP:11697] (8 of 18) [CW-14897/2021] Versus
1.
The Union Of India, Through Home Secretary, Department Of Home, Ministry Of Home Affairs, Government Of India, North Block, New Delhi - 110001. 2. Staff Selection Commission, Through Its Chairman, Block No. 12, CGO Complex, Lodhi Road, New Delhi - 110003. 3. Regional Director (NR), Northern Region (NR), Staff Selection Commission, Block No. 12, CGO Complex, Lodhi Road, New Delhi - 110003. 4. Presiding Officer/Member Of The DME/RME Board Of SIs- ASIs/GD (Male/Female) Rectt-2019, Through Staff Selection Commission (SSC), Centre At GCC-I, CRPF, Ajmer (Rajasthan) - 305007. ----Respondents (16) S. B. Civil Writ Petition No. 15684/2022 Bhawani Singh S/o Shobha Singh, Aged About 22 Years, R/o Village Nolkha, Post Muhami, District Ajmer (Raj.). ----Petitioner Versus
1. The Union Of India, Ministry Of Personnel, Public Grievances And Pensions, Department Of Personnel And Training, Staff Selection Commission, Block No. 12, CGO Complex, Lodhi Road, New Delhi-110003. 2. The Director General, CRPF (Recruitment Branch), East Block-07, Level-4, Sector-01, R.K. Puram, New Delhi-
110066. 3. The Commandant, CRPF, Ajmer. ----Respondents (17) S. B. Civil Writ Petition No. 14693/2023 Ashish Kumar S/o Shri Mukesh Kumar, Aged About 22 Years, R/o Chhattisgarh (Rajasthan), Presently Residing At Village Gorir, Tehsil Khetri, District Jhunjhunu (Raj.) ----Petitioner Versus
1. The Union Of India, Through Ministry Of Home Affairs, Grah Mantralaya, North Block, New Delhi Through Its Secretary. 2. The Director General (CRPF), Recruitment Branch, East
[2026:RJ-JP:11697] (9 of 18) [CW-14897/2021] Block-07, Level-4, Sector-01, R.K. Puram, New Delhi. 3. The Staff Selection Commission, (Department of Personnel and Training) Block No. 12, CGO Complex, Lodhi Road, New Delhi- 11003. Through Authorised Officer. 4. The Board Of CT/GD (Male/Female) Rectt. 2022, Through S.S.C. Centre At GC-1, CRPF, Ajmer (Rajasthan) Through Authorised Officer. ----Respondents (18) S. B. Civil Writ Petition No. 289/2024 Amit Kumar S/o Shri Jale Singh, Aged About 25 Years, Resident Of Dhani Bagariya Ki, Village Sunari, Tehsil Khetari, District Jhunjhunu Rajasthan- 332716 ----Petitioner Versus
1. The Union Of India, Through Home Secretary, Ministry Of Home Affairs, Ministry Of Home Affairs, North Block New Delhi 11001
2.
Central Reserve Police Force, Through Its (Estt.) Dte. Central Reserve Police Force, Block No.- 1, C.G.O. Complex, Lodhi Road, New Delhi- 110003. ----Respondents (19) S. B. Civil Writ Petition No. 670/2024 Ajay Kumar Meena Son Of Shri Ramkishan Meena, Aged About 27 Years, Resident Of Vpo Nangal Lat, Tehsil Todabhim, Karauli, Rajasthan. ----Petitioner Versus
1. Union Of India, Through Secretary Ministry Of Home Affairs, Government Of India, New Delhi. 2. Director General, Central Reserve Police Force (CRPF), East Block-07, Level-04, Sector-01, R.K. Puram, New Delhi. 3. The Commandant CRPF, DV/DMR Board Of ASI/ST & HC/M Rectt.-2022, Centre At Golf Course Road-I, CRPF, Ajmer, Rajasthan. ----Respondents
[2026:RJ-JP:11697] (10 of 18) [CW-14897/2021] (20) S. B. Civil Writ Petition No. 1110/2024 Banti Singh Jat Son Of Shri Hari Mohan, Aged About 25 Years, Resident Of Khedi Chandla, Iraniya, Shree Mahaveer Ji, Karauli, Rajasthan 322234. ----Petitioner Versus
1. Union Of India, Through Its Secretary, Ministry Of Home Affairs, Government Of India North Block, New Delhi. 2. Director General Of Central Reserve Police Force, CGO Complex, Lodhi Road, New Delhi, 110003. 3. Secretary, Staff Selection Commission, Block No. 12, CGO- Complex, Lodhi Road, New Delhi, 110003. 4. Commandant (Rectt.), 147 Battalion Presiding Officer Group Centre I, CRPF, Golf Course Road, Ajmer Rajasthan 305007. ----Respondents (21) S. B. Civil Writ Petition No. 1482/2024 Ramveer Son Of Shri Gillo, Aged About 28 Years, Resident Of Village Bhagora, Post-St Lakhanpur, Tehsil Weir, District Bharatpur (Raj.) ----Petitioner Versus
1. Central Reserve Police Force, Through Director General, Directorate General, CRPF, East Block-7, Level-4, Sector-1, R.K. Puram, New Delhi-110066
2. Presiding Officer, PST and DV Board Of ASIST and HCMIN, CRPF, Ajmer. ----Respondents For Petitioners : Mr. Tribhuvan Narayan Singh Advocate with Mr. Vikash Meena Advocate and Ms. Kiran Meena. Mr. Bajrang Sepat Advocate on behalf of Ms. Komal Kumari Giri Advocate. Mr. Abhimanyu Yaduvanshi Advocate. Mr. Heera Lal Gothwal Advocate. Mr. Akshay Dutt Sharma Advocate. Mr. Dinesh Yadav Advocate.
[2026:RJ-JP:11697] (11 of 18) [CW-14897/2021] For Respondents : Mr. Ashish Kumar Advocate. Mr. Devesh Yadav Advocate on behalf of Mr. R.D. Rastogi, Senior Advocate. HON'BLE MR. JUSTICE ANAND SHARMA
Judgment 12/03/2026
1. All the aforesaid writ petitions arise out of substantially identical factual matrix, involving common questions for
consideration, similar grievance and an identical cause of action, hence, all the writ petitions were analogously heard together. With the consent of learned counsel for the parties, for the sake of convenience and to avoid repetition of facts, the present batch of writ petitions is being decided by this common judgment, treating S.B. Civil Writ Petition No. 14897/2021 (Saurabh Singh Sanket vs. The Union of India & Others) as the lead case and the facts pleaded therein are being taken as the representative facts for adjudication of the issues involved. 2. The facts, in brief, are that the Staff Selection Commission issued a notification for recruitment to the posts of Sub-Inspector in Delhi Police, CAPFs and Assistant Sub-Inspector in CISF Examination, 2019, pursuant to which the petitioner, being fully eligible, applied online. The selection process comprised multiple stages including Paper-I, Physical Standard Test (PST)/Physical Endurance Test (PET), Paper-II and Detailed Medical Examination (DME), all of which were mandatory. The petitioner successfully cleared the written examinations as well as the physical tests and was consequently shortlisted for the Detailed Medical Examination. It is further averred that as per the applicable
[2026:RJ-JP:11697] (12 of 18) [CW-14897/2021] procedure, a candidate declared unfit in DME is entitled to prefer an appeal for Review Medical Examination (RME) before a Review Medical Board in terms of Office Memorandum dated 31.05.2021. 3. It is the case of the petitioners in all the petitions that upon undergoing DME, they were declared medically unfit on account of different and multiple deficiencies. Aggrieved thereby, the petitioners exercised their right to appeal and underwent Review Medical Examination at GC-I, CRPF, Ajmer, wherein also the petitioners were again held medical unfit by showing different reasons than the reasons shown during DME. As a consequence of being declared medically unfit in both examinations, the petitioners became ineligible for further consideration in the recruitment process, despite having cleared all earlier stages. 4. The reasons assigned for declaring the respective petitioners medically unfit in the Detailed Medical Examination (DME) as well as in the Review Medical Examination (RME) vary from case to case and have been specifically indicated in the records. For the sake of clarity and ready reference, the same are being compiled and set out in detail in the following tabular statement: Writ Petition No. Name of Petitioner DME RME 14897/2021 Saurabh Singh Sanket
1. Squint
2. Defective distant vision
3.
DNS (Lt) side
4. Less dental points
1. Squint 12986/2021 Manish Kasotiya
1. DNS (RT) side
2. Haemorrhoips
3. Cubitus Varus(Hand)
4. Hyper extension Deformity of both elbow Joints(Hands)
5. Varicose Veins of bot lower limbs(Legs) DNS
[2026:RJ-JP:11697] (13 of 18) [CW-14897/2021] 13250/2021 Sumit Kumar Sehra
1. Squint
2. B/L Hydrocele
3. Drooping of Right shoulder
4. Abdominal Curvature
1. Ptosis (Left eye)
2. C Squint 13699/2021 Vishnu Kumar Yadav
1. Tinea versicolor (Chronic skin disease)
1. Skin fungal disease 13886/2021 Kishor Parihar
1. Squint/Ptosis
2. Tremors +
3. Murmur +
1. Squint 14137/2021 Amit Kumar Bhambhu
1. Overweight by 05 Kg
2. Squint
3. DNS left side
4. Cubitus valgus
1. Cubitus Valgus 14389/2021 Vijay Pal
1. DOV R+ 6/12
2. Cubitus Valgus
1. Cubitus Valgus 14390/2021 Ramchandra Nath Siddh
1. Tattoo Mark on right forearm
2. Cubitus Valgus
1. Tattoo Scar Mark
2. Cubitus Valgus 14599/2021 Ashish Dhaka
1. Cubitus valgus
1. Cubitus valgus a/w abnormality
of left elbow joint 14604/2021 Narsingh Bairwa
1. Tinea versicolor
2. Chronic skin disease
1. Pityriasis versicolor 14838/2021 Rajan Sisodiya
1. Cubitus Valgus deformity right elbow (carrying angle 20 degree)
1. Cubitus Valgus (Rt) side 14895/2021 Jitendra Kumar Meena
1. Squint
2. Defectice distance vision
3. Obstructive DNS Lt. side
1. Obstructive DNS Lt. side 14896/2021 Ankit Meena
1. Squint
2. Anal Fissure
3. Cubitus Varus
4. Tremors+
1. Squint (Le) 15047/2021 Siddharth
1. Squint
2. Ptosis
3. DNS(Lt) side
4. Cubitus Varus
5. Varicose veins of both lower limbs
1. Cubitus Varus
2. Squint
3. Ptosis 1005/2022 Mali Ram Yadav
1. squint
2. Severe hypertrophy of tonsillar glands
3. DNS (Lt) side
4. Hemorrhoids
5. Cubitus varus
1. Squint
2. b/l tonsllar hypertrophy 15684/2022 Bhawani Singh
1. Tattoo mark on rt. forearm
1. tattoo mark on rt. forearm 14693/2023 Ashish Kumar
1. defective distant vision b/c eyes
2. knock knees
3. b/c ins valgum
4. Hearing b/c ear
1.
defective distant vision 289/2024 Amit Kumar
1. Hemorrhoids
2. Vitiligo over perpuce
1. Genital vitiligo (on prepuce) dermatologist opinion taken 670/2024 Ajay Kumar Meena
1. Defective distant vision 6/12 be
2. hypertension
1. Defective distant vision 6/9 be
[2026:RJ-JP:11697] (14 of 18) [CW-14897/2021] 1110/2024 Banti Singh Jat
1. Anal fissure
1. Fissure in ano o/e
fissure present at 6 O’clock position. 1482/2024 Ramveer
1. Tattoo on Right Forearm
1. Recent surgical procedure
for removal of tattoo on right forearm
5. The petitioner in S.B. Civil Writ Petition No. 14897/2021 has further pleaded that subsequent to his rejection, he got himself medically examined at Sawai Man Singh Hospital, Jaipur, which is a reputed Government Medical Hospital, where, upon examination by a specialist in the Department of Ophthalmology, it was opined that the petitioner did not suffer from squint and was medically fit for the post in question. The petitioner has also relied upon opinions of other specialists, who similarly found no evidence of squint. It is contended that despite such contrary medical opinions, the respondents proceeded to declare the result and scheduled document verification, thereby excluding the petitioner from further participation. Similar contentions have been raised by the petitioners in other connected writ petitions. 6. Being aggrieved, the petitioners have approached this Court challenging the memorandum of unfitness issued in DME and the result of RME. Learned Counsels for the petitioners argued that action of the respondents is arbitrary, unjustified and contrary to the medical evidence. It is asserted that there exists a clear variance between the findings of the respondents’ medical boards and those of independent government specialists and that no detailed clinical findings or confirmatory diagnostic reports were supplied to substantiate the conclusion of unfitness. [2026:RJ-JP:11697] (15 of 18) [CW-14897/2021]
7.
In reply to the writ petition, the respondents have opposed the writ petitions and justified the action of declaring the petitioners medically unfit, contending that the same has been done strictly in accordance with the terms and conditions of the recruitment advertisement issued by the Staff Selection Commission. It is submitted that Clause 11.7 of the advertisement clearly provides the procedure for medical examination, including Detailed Medical Examination (DME) and Review Medical Examination (RME) and categorically stipulates that the decision of the Review Medical Board shall be final, with no further provision for appeal or re-examination. Therefore, the petitioners cannot seek constitution of another Medical Board, as the same would be contrary to the prescribed selection procedure and would amount to seeking a differential treatment in violation of Article 14 of the Constitution of India. 8. Learned counsels for the respondents submitted that the petitioners participated in the entire selection process with full knowledge of the applicable rules and procedure, including the finality attached to the findings of the Review Medical Board. Both the DME and RME were conducted by duly constituted Medical Boards in accordance with the guidelines issued by the Ministry of Home Affairs and there has been no violation of any rule, procedure, or guideline. The petitioner was examined at both stages and was declared unfit on medical grounds and no mala fides have been alleged against the members of the Medical Boards. In such circumstances, the expert opinion rendered by specialised medical authorities cannot be substituted or interfered
[2026:RJ-JP:11697] (16 of 18) [CW-14897/2021] with merely on the basis of contrary opinions obtained from civil doctors or hospitals. It is emphasised that the medical standards prescribed for uniformed services such as CAPFs are significantly higher and more stringent than those applicable to civil posts, keeping in view the nature of duties performed under extreme conditions and, therefore, medical certificates issued by civil hospitals cannot override the findings of the specialised Medical Boards constituted for recruitment. 9.
Heard learned counsels of the parties and carefully examined the record. 10. The material placed on record, as noticed hereinabove, unequivocally demonstrates that there exists an admitted and substantial variation between the findings recorded in the Detailed Medical Examination (DME) and the Review Medical Examination (RME), inasmuch as each of the reports assigns different and at times inconsistent reasons for declaring the petitioners medically unfit. This inconsistency is further compounded by the reports issued by the civil hospitals, which prima facie cast a cloud of doubt over the correctness and reliability of the conclusions drawn in the DME and RME. 11. It is true that the respondents have sought to justify the said divergence by contending that the standards and degree of medical fitness prescribed for personnel of the Central Armed Police Forces (CAPFs) are considerably more stringent than those applicable to ordinary civil services and, therefore, the opinion rendered by civil hospitals cannot override or prevail upon the specialised assessment undertaken in the DME and RME. [2026:RJ-JP:11697] (17 of 18) [CW-14897/2021]
12. Ordinarily, this Court would exercise restraint and would be slow in interfering with expert medical opinions, particularly those rendered by duly constituted Review Medical Boards. However, the peculiar facts of the present cases, marked by evident inconsistencies and the resulting element of uncertainty, persuade this Court to adopt a course that would dispel any lingering doubt and ensure fairness to all parties concerned. In that view of the matter, this Court considers it just, proper and in the interest of justice to direct that the petitioners be subjected to a fresh and comprehensive medical examination by a duly constituted Medical Board at the Army Hospital (Research & Referral), New Delhi, the standards of which are indisputably at par with, if not more rigorous than, those prescribed for CAPFs. The opinion so rendered by the said Medical Board shall be treated as final, conclusive and binding upon both the petitioners and the respondents. 13.
Consequently, these writ petitions stand disposed of with a direction to the respondents to approach the competent authority at Army Hospital (R&R), New Delhi along with opinions of DME and RME of the respective petitioners for constitution of separate Medical Boards in respect of each petitioner, comprising at least three specialised Medical Officers relevant to the alleged medical unfitness. Upon constitution of such Boards, the respondents shall ensure that intimation is furnished to the respective petitioners at least seven days in advance, specifying the date, time and place of examination. The Medical Board shall thereafter conduct a thorough and detailed examination of each petitioner and prepare
[2026:RJ-JP:11697] (18 of 18) [CW-14897/2021] an exhaustive report in duplicate, one copy to be supplied to the respondents and the other to the concerned petitioner. The findings of the said Medical Board shall bind both parties and in the event, the report is favourable to any petitioner, the respondents shall proceed to consider such petitioner for further steps in the selection process and if otherwise found eligible, extend appointment in accordance with law. The entire exercise, as
directed hereinabove, shall be completed within a period of forty- five days from the date of receipt of a certified copy of this
judgment.
14. Pending applications, if any, stand disposed of.
15. Office is directed to place a copy of this judgment on record of each connected writ petition.
(ANAND SHARMA),J MANOJ NARWANI /1 to 17 & 19 to 22.