Delhi High Court - Orders
Manish Kumar Mishra vs Union Of India & Ors on 17 February, 2025
Author: Navin Chawla
Bench: Navin Chawla
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1577/2025
MANISH KUMAR MISHRA .....Petitioner
Through: Mr.Ranjan Mukherjee, Adv.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr.Abhishek Khanna, SPC
AC/CISF Mr.Rajkumar,
SI/CISF P.Devenda, SI/CISF
Amit Kumar.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE SHALINDER KAUR
ORDER
% 17.02.2025
1. This petition has been filed by the petitioner, challenging the rejection of his candidature for the examination of ASI/Executive (LDCE-2022) basis the report of his Review Medical Examination dated 07.12.2024.
2. The Review Medical Board has declared the petitioner 'Unfit' for the appointment with the following remarks:
"partial amputation of Distal Phalanx of Lt ring finger."
3. The learned counsel for the petitioner, placing reliance on the medical report of the petitioner from AIIMS, submits that the petitioner was suffering only from a cut injury in the distal phalanx of the left ring finger, and it was specifically opined that it will not have any functional effect on the performance of the This is a digitally signed order.
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4. Placing reliance on the 'Guidelines for Recruitment Medical Examination in Central Armed Police Forces and Assam Rifles' (in short, 'the Guidelines'), he submits that in terms of Chapter 9, Clauses VII.3(a) and VII.3(c) of the Guidelines, "loss of only soft tissue of terminal phalanx of little finger of one or both hands is to be accepted", while "scars and deformities of the fingers and hands impair the normal functioning/free movement of the fingers/hand to such a degree as to interfere with the satisfactory performance of the combatised duties, are disqualifying."
5. He submits that none of the conditions under Clause VII.3(c) of Chapter 9 of the Guidelines stands satisfied in the present case.
6. On the other hand, the learned counsel for the respondents, who appears on an advance notice of this petition, submits that the Review Medical Board has declared the petitioner 'Unfit' on the ground of partial amputation of distal phalanx of left ring finger. He submits that the same would necessarily impair normal functioning of his fingers and interfere with the satisfactory performance of combatised duties by the petitioner. He submits that the Review Medical Board proceedings, therefore, cannot be challenged.
7. We have considered the submissions made by the learned counsels for the parties.
8. While the Review Medical Examination Report finds a partial amputation of distal phalanx of the left ring finger of the petitioner, AIIMS has reported it as only a cut injury and has 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 01/03/2025 at 03:36:42 further opined that there is no functional deficiency because of the same.
9. Given this divergent view, we are of the opinion that the petitioner should be medically re-examined by the Army R&R Hospital for determining his exact medical status.
10. We, therefore, request the Director, Army R&R Hospital to constitute a Medical Board to examine the petitioner and to submit a report before us, specifically keeping in view the conditions as specified in Chapter 5(g) read with Clauses VII.3(a) and 3(c) of Chapter 9 of the Guidelines. For the sake convenience, they are reproduced hereinunder:
"5. GENERAL EXAMINATION
(g) Limbs, hands & feet should be well formed & fully developed and there shall be perfect motion of all the joints.
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3. Hand and fingers.
(a) Loss of only soft tissue of terminal phalanx of little finger of one or both hands is to be accepted.
xxxxx
(c) Scars and deformities of the fingers or hand that impair normal functioning/free movement of the fingers /hand to such a degree a to interfere with the satisfactory performance of combatised duties, are disqualifying."
11. The Medical Board should consist of an expert in the required field.
12. The respondents shall inform the petitioner of the date and time of his appearance before the Medical Board by giving him at least a week's advance notice of the same.
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 01/03/2025 at 03:36:43
13. The parties shall produce the relevant medical documents with respect to the medical condition of the petitioner before the Medical Board.
14. Let the report of the Medical Board be placed before us on the next date of hearing.
15. List on 25th March, 2025 to be shown in the 'Supplementary list'.
16. Dasti.
NAVIN CHAWLA, J SHALINDER KAUR, J FEBRUARY 17, 2025 RN/IK Click here to check corrigendum, if any 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 01/03/2025 at 03:36:43