Delhi HC sets aside CAT order for fresh medical exam in constable recruitment​

New Delhi, March 17 (IANS) The Delhi High Court has set aside an order of the Central Administrative Tribunal (CAT) directing the Staff Selection Commission (SSC) to conduct a fresh medical examination of a candidate who had been declared medically unfit during the recruitment process for the post of Constable (Executive) in Delhi Police. ​

A Division Bench of Justices Anil Kshetrapal and Amit Mahajan allowed a writ petition filed by the SSC and other authorities challenging the CAT’s August 20, 2024, order, which had directed the constitution of a fresh medical board to examine respondent Yashpal Singh. ​

The respondent had participated in the SSC recruitment process and, after clearing earlier stages, underwent a Detailed Medical Examination (DME) on January 25, 2024. ​

The medical board declared him unfit after finding that he suffered from varicose veins in his left leg. He later sought a Review Medical Examination (RME), which independently assessed his condition and concurred with the DME’s findings, once again declaring him medically unfit for appointment. ​

Subsequently, the respondent relied on a medical certificate issued by a government hospital on March 30, 2024, stating that he was medically fit to participate in competitive or non-competitive examinations. ​

Relying on this certificate, he approached the CAT, challenging the findings of the DME and RME. In its impugned decision, the CAT allowed his plea and directed the authorities to conduct a fresh medical examination through a newly constituted medical board. ​

However, the Delhi High Court found that the tribunal had exceeded the permissible scope of judicial review in matters relating to medical fitness in recruitment to disciplined services. ​

“At the outset, it would be apposite to note the settled legal position governing judicial review in matters relating to medical fitness in recruitment to disciplined services. Courts have consistently held that the determination of medical fitness is primarily a matter falling within the domain of expert Medical Boards,” the Justice Kshetrapal-led Bench observed.​

It added that the candidate had been examined by two duly constituted medical boards and both had reached the same conclusion regarding his medical condition.​

“Thus, there exists a clear concurrence of medical opinion between the DME and the RME regarding the medical condition of the Respondent,” the judgment said. ​

It further observed that the certificate produced by the candidate from a government hospital was only a general fitness certificate and did not specifically certify his suitability for appointment as Constable (Executive) in Delhi Police. ​

“Permitting a candidate to rely upon independently obtained medical certificates to seek repeated medical examinations would undermine the certainty and finality of the recruitment process,” the Justice Kshetrapal-led Bench said. ​

The judgment stressed that courts should not substitute their views for those of expert medical boards unless there is a procedural breach, an inconsistency between medical assessments, or other exceptional circumstances. ​

Setting aside the CAT’s order, the Delhi High Court held that directing a fresh medical examination solely on the basis of the certificate produced by the candidate amounted to unwarranted interference with the opinion of expert bodies. ​

“The Tribunal was not justified in directing a fresh medical examination of the Respondent solely on the basis of the certificate dated 30.03.2024 produced by him,” the Justice Kshetrapal-led Bench held. ​

Allowing the petition, the Delhi High Court quashed the CAT’s order and disposed of the matter.

–IANS

pds/dan