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Judgment
Hon’ble Mr. Manish Garg, Member (J):-
In the present Original Application, filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant hahas prayed for the following reliefs:
“A. Call for records of the case;
B. Quash and set aside Notice dated 28.03.2026 to the extent of non-inclusion of name of Applicant;
C. Quash and set aside Detailed Medical Examination (DME) Report dated 24.01.2024, which is not supplied to Applicant;
D. Conduct re-medical examination of Applicant by an independent Medical Board;
E. Direct appointment of Applicant with consequential benefits;
F. Award costs of the proceedings;
G. Pass any other/ further order(s) as this Hon'ble Tribunal may deem fit in the interests of justice.”
With the consent of learned counsel for the parties, the matter Central Administrative Tribunalis taken up for final hearing.
The issue involved in the present matter pertains to the Detailed Medical Examination (DME) of the applicant, which was conducted on 23.01.2024 for the recruitment to the post of Constable (Executive) (Male and Female) in the Delhi Police Examination, 2023. In the said medical examination, the applicant was declared medically unfit on account of ‘Point’ in her eyes.
Learned counsel for the parties do not dispute the fact that, thereafter, the applicant was directed to report for Review Medical Examination (RME) on 25.01.2024, i.e. immediately after two days,
at the ITBP Base Hospital, Tigri, as is also reflected in paragraph 13 of the counter affidavit. Learned counsel for the applicant submits that, however, the final result was declared on 24.01.2024 itself, wherein the name of the applicant was not included and, consequently, the RME of the applicant could not be conducted. It is contended that the applicant ought to have been afforded a fair and reasonable opportunity to undergo the RME, particularly when she had already been directed to report for the same.
Learned counsel for the applicant further submits that the respondents subsequently published a list of candidates in the ‘Reserve Panel’ on 06.02.2026, wherein the roll number of the applicant was also included. Thereafter, vide Notice dated 28.03.2026, the respondents directed the candidates included in the Reserve Panel List to report on 30.03.2026 and 31.03.2026 at the Recruitment Cell for verification of documents for issuance of Offer of Appointment. However, despite the applicant’s roll number having been included in the Reserve Panel List, her name was not mentioned in the said Notice. Aggrieved thereby, the applicant has approached this Tribunal by filing the present O.A.
Per contra, learned counsel appearing for the respondents submits that the final merit list was prepared on the basis of the applicant having been declared medically unfit in the DME and,
therefore, her name was not included in the final list.
We have heard learned counsel for the parties and perused the records of the case.
Having regard to the peculiar facts and circumstances of the present case, we are of the considered view that the applicant ought to have been afforded a fair opportunity to undergo the Review Medical Examination. Admittedly, after the DME conducted on 23.01.2024, the applicant was directed to report for RME on 25.01.2024. However, the final result was declared on 24.01.2024, i.e. prior to the date fixed for her RME, and her name was not included therein. Consequently, the applicant could not avail the opportunity of RME Central Administrative Tribunaldespite having been directed to report for the same. It is also significant to note that the applicant was subsequently included in the Reserve Panel List under the UR category on her own merit, notwithstanding the fact that she had applied under the OBC category. In the peculiar circumstances of the case, the subsequent inclusion of the applicant’s roll number in the Reserve Panel List further warrants that she be afforded an opportunity to undergo the RME.
In view of the aforesaid facts and circumstances, the
respondents are directed to conduct the Review Medical Examination (RME) of the applicant within a period of 45 days from the date of receipt of a certified copy of this order. It is made clear that, in the event the applicant is declared medically fit in the RME, the consequential benefits, including consideration for appointment, shall follow in accordance with law, subject to the applicant fulfilling all other eligibility conditions and the applicable recruitment requirements. It is further made clear that the directions issued in the present case are based on the peculiar facts and circumstances obtaining herein and shall not be treated as a precedent.
The O.A. is accordingly disposed of in the aforesaid terms. All Central Administrative Tribunalpending M.A.s, if any, shall also stand disposed of. There shall be no order as to costs.