NITIN SOLANKI vs THE CHAIRMAN, STAFF SELECTION COMMISSION & ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: March 15, 2024

+ W.P.(C) 3901/2024 & CM APPL. 16044-16045/2024
(24) NITIN SOLANKI ….. Petitioner
Through: Mr. Prashant Dahat and
Mr. Akshansh Gupta, Advs.
versus
THE CHAIRMAN, STAFF SELECTION COMMISSION
& ANR. ….. Respondents
Through: Mr. Sanjib Kumar Pohanty, Sr. Panel Counsel with Mr. Amit Acharya, Govt. Pleader, Ms. Anushka Jakhodia and Mr. Subesh Kumar Sahoo, Advs.
CORAM:
HON’BLE MR. JUSTICE V. KAMESWAR RAO
HON’BLE MR. JUSTICE SAURABH BANERJEE

V. KAMESWAR RAO, J. (ORAL)

CM APPL. 16045/2024
Exemption allowed subject to all just exceptions.
Application stands disposed of.
W.P.(C) 3901/2024
1. This petition has been filed by the petitioner with the following prayers:
“In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon’ble Court may be pleased to:
(a) Issue a writ of Certiorari and quash and set aside Memorandum of RME dated 02.03.2024 order of RME dated 04.03.2024
(b) Issue a writ of mandamus directing the Respondents to include the Petitioner in the merit list for the post of Sub-Inspector in Delhi Police and Central Armed Police Forces in terms of Notice dated 22.07.2023 and allow the Petitioner to complete the recruitment process; and
(c) Issue or pass any writ, direction or order, which this Hon’ble Court may deem fit and proper under the facts and circumstances of the case.”

2. The challenge in this petition is to the conclusion drawn by the Medical Board/Review Medical Board declaring the petitioner unfit on the ground of ‘Coloured Blindness’.
3. Learned counsel for the petitioner has drawn our attention to the reports of the tests carried out at the Safdarjung Hospital, New Delhi (Annexure A-13); LBS Hospital, New Delhi (Annexure A-10), Shyama Super Speciality Hospital (Annexure A-12), Shroff Eye Centre (Annexure-14) to contend that all these hospitals have declared the petitioner does not have ‘Coloured Blindness’.
4. The submission of the learned counsel for the petitioner is that the petitioner may be referred to an independent authority for examining the petitioner for Colour Blindness.
5. Though, the counsel for the respondent No.2 states, respondent No.2 shall stand by the report of the medical examination / review medical board declaring the petitioner unfit on the ground of ‘Coloured Blindness’, he also states, the Court may pass such orders as deem appropriate. In the facts of this case and noting the fact that four reports, out of which two are from government authorities, we deem it appropriate to refer the petitioner to the Army Hospital, R & R for fresh examination of the petitioner for Colour Blindness. The Medical Board shall be constituted by the Commandant, Army Hospital, R&R which shall also have a Specialist. The petitioner shall be given one week advance notice for examination.
6. The aforesaid exercise shall be carried out within a period of four weeks as an outer limit. The respondent No.2 shall send to the Commandant, Army Hospital, R & R all the documents, on which reliance has been placed by the petitioner in this petition for the consideration of the Board. The Board shall give its opinion directly to the Authority, i.e., Commandant (Recruitment), Borders Security Force, CGO Complex, New Delhi with a copy thereof to the petitioner as well. The Commandant (Recruitment Cell) shall take further action in accordance with Rules if the petitioner is found fit.
7. We also make it clear that the opinion of the Board shall be final and no challenge shall lie to the same.
8. With the above, the petition is disposed of.
CM APPL. 16044/2024
Dismissed as infructuous.

V. KAMESWAR RAO, J

SAURABH BANERJEE, J
MARCH 15, 2024/jg

W.P.(C) 3901/2024 Page 3