STAFF SELECTION COMMISSION Vs. VIRENDRA SINGH RATHORE

JUDGEMENT

(1.) This is a batch of petitions in which issues analogous to those which came up before this Court in Staff Selection Commission v Aman Singh 2024 SCC OnLine Del 7600, are involved. All these petitions involve cases in which the concerned respondents sought recruitment to the post of Constable in the Delhi Police and were, consequent to a Detailed Medical Examination 'DME' and Review Medical Examination 'RME', found unfit for appointment. The Central Administrative Tribunal 'The Tribunal', whom the respondents petitioned, has followed an earlier order passed by it in Teekam Singh Meena v SSC Order dtd. 10/5/2024 in OA 519/2024 and held, in each case, that the respondent should be subjected to a 'Re-Review Medical Examination'. Aggrieved thereby, the Staff Selection Commission and the Union of India have petitioned this Court under Article 226 of the Constitution of India.

(2.) We went into the existing law on this issue in considerable detail and drew up the following guidelines in SSC v Aman Singh, after considering earlier authorities on the issue:

(3.) Clearly, therefore, the issue of whether a case for referring the matter for a fresh medical examination exists or does not exist has to be decided on the basis of the test laid down in sub paras (a) to (f) of para 10.38(iv) and 10.38(vi).