The police department, however, dismissed their request, saying that physical tests were mandatory before appearing in the written examinations, and no exceptions could be granted. Following rejection of their applications, both constables won interim relief from the Central Administrative Tribunal (CAT), which on December 13, 2007, allowed them to attend the written examination due on January 13 without clearing the physical test.

Challenging the decision of the CAT, the Delhi Police today moved an urgent application for a stay. "Considering the fact that Commonwealth Games were near, we have to train personnel in a year. Focus is on the level of fitness of candidates," Delhi Police Counsel Geeta Luthra submitted before the court.

Noting the fact that the Police department had approached the court only two days before the written exams were due, a Bench led by Justice A K Sikri observed that the court would not like to "interfere in the decision of the Tribunal". "You (Delhi Police) have come a month after the CAT gave its decision. This shows your ego. What is the harm if they write the exams? Let them appear in the exams," court said.