JUDGMENT
Date : 28-07-2025 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. Satya Darshi Sanjay Ld., A.S.G. Mr. Khushal Kolwar, Adv.
Ms. Adya Jha, Adv.
Mr. Anuj Srinivas Udupa, Adv.
Mr. Raghav Sharma, Adv.
Mr. Shreekant Neelappa Terdal, AOR
For Respondent(s) Mr. Raja Choudhary, Adv. Mr. Rajesh Singh Chauhan, AOR
Ms. Anshika Mishra, Adv.
Mr. Kapil Kumar Sharma, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Heard Mr. Satya Darshi Sanjay, learned Additional Solicitor General appearing for the petitioner and Mr. Rajesh Singh Chauhan, learned counsel appearing for the respondent.
2. The petitioner is aggrieved by the order dated 14.02.2025 passed by the Division Bench of the High Court of Delhi at New
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Delhi in W.P.No. 1893 of 2025 by which the order of the learned Central Administrative Tribunal directing the respondent who, according to the petitioner, suffers from hearing disability, which is sufficient to disentitle him from appointment to the post under the Civil Services Examinations (CSE) held in the year 2022, in which the respondent has also qualified to be appointed, has been upheld.
3. Before this Court, three conflicting reports are present and the variations in the said reports are too huge to be ignored.
4. Accordingly, a suggestion has been made by the learned ASG that an Expert Medical Board be constituted, comprising members from three different institutions, namely, All India Institute of Medical Sciences, New Delhi; Central Government Health Scheme and; Army Research and Referral Hospital, New Delhi, to examine the issue and submit a report for consideration by this Court, before a final view is taken in the matter.
5. Though, learned counsel for the respondent does not fully agree with the suggestion; however, we are inclined to accept the suggestion made by the learned ASG.
6. Accordingly, let the Board be constituted. The members would be one to be nominated by the Director of All India Institute of Medical Sciences, New Delhi; the second member to be nominated by the Director General of the Central Government Health Scheme and; the third member to be nominated by the Chief of the Army Research and Referral Hospital, New Delhi.
7. The Director General of the Central Government Health Scheme shall act as the Nodal Officer to co-ordinate the constitution of
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the expert Board/Committee, which shall examine the extent and nature of the respondent's hearing disability.
8. The Board/Committee be constituted within two weeks from today.
9. Upon its constitution, the respondent shall be informed and within two weeks thereafter, he shall undergo a physical medical examination by the said Board/Committee.
10. A report shall, thereafter, be submitted by the Board/Committee through the Director General of Central Government Health Scheme in a sealed cover, to be placed before this Court by the learned ASG.
11. The report shall be submitted within three weeks from the date of the respondent's physical examination.
12. It goes without saying that the concerned experts nominated to the Board, shall be from the ENT Department, as the issue relates to alleged hearing impairment.
13. List the matter on 07.10.2025.
(VARSHA MENDIRATTA) (ANJALI PANWAR)
COURT MASTER (SH) COURT MASTER (NSH)