Delhi High Court - Orders
Sumit Tyagi vs Union Of India & Ors on 28 February, 2024
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14309/2023, CM APPL. 12363/2024
SUMIT TYAGI ..... Petitioner
Through: Ms. Saahila Lamba, Adv.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Naginder Benipal, Sr. PC with
Mr. Ankit, Mr. Subhojit Dutta, Advs.
for UOI with Sarbanta Sarkar, SI.
(SSB)
Mr. Deepak Tanwar, GP with
Mr. Rajdev Kumar, Mr. Hitesh Batra
and Mr. Raman Raj Gangwar, Advs.
for UOI
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 28.02.2024
1. This petition has been filed by the petitioner with the following prayers:
"In the facts and circumstances of the case, it is most respectfully prayed that this Hon'ble Court be pleased to:-
(i) Issue a writ of certiorari quashing Review Medical Examination Report dated 12.10.2023 whereby petitioner has been rejected in respect of recruitment in Sashastra Seema Bal under File No.338/RC/SSB/Combined Advt./Cts/2020;
(ii) Issue a writ of mandamus directing the respondents to appoint the petitioner to the post of Constable (Driver) in Sashastra Seema Bal in case the name of the petitioner figures in the merit list of successful candidates prepared in respect of recruitment under File No.338/RC/SSB/Combined Advt./Cts/ 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 04/03/2024 at 21:02:08 2020
(iii) Pass any such other orders as it may deem fit to this Hon'ble Court in the facts and circumstances of the case."
2. One of the submissions of Ms. Saahila Lamba, learned counsel appearing for the petitioner by drawing our attention to page 37 of the paperbook is that the petitioner has been found unfit on the basis of Gynaecomastia which provision state as under:
"2) Gynaecomastia: Will lead to rejection in the initial medical examination, if the diameter of the mass is more than 4 cm. During review medical examination, ultrasound examination is to be done to rule out whether it is due to fatty tiss or breast tissue. Candidates are to be rejected if found to have breast tissue."
3. According to her, the Medical Board has not commented about the size of the mass and whether the same is found to have breast tissue.
4. Learned counsel for the respondents seeks sometime to consult the Medical Expert in the department.
5. At his request, re-notify on March 5, 2024.
V. KAMESWAR RAO, J SAURABH BANERJEE, J FEBRUARY 28, 2024/aky 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 04/03/2024 at 21:02:08