Tulip Kanth

New Delhi, June 15, 2022: In a case pertaining to the Civil Services Examination, 2014 where the respondent-applicant was declared medically unfit on ground of high BMI, the Supreme Court has exercised its plenary power under Article 142 of the Constitution and directed that the case of the respondent-applicant be considered for appointment based on the re-medical fitness report.

Considering the number of attempts made and having qualified the preliminary and main exams, the Division Bench of Justice Ajay Rastogi and Justice Vikram Nath paid heed to the fact that on March 10, 2016 along with his medical fitness certificate, and after the orders of this Court, the respondent- applicant had again been sent for re-medical examination where he was found medically fit for all services as it revealed from the medical report dated May 12, 2022.

This appeal emanated from the fact that the respondent-applicant had participated in the selection process for Civil Services Examination, 2014 and succeeded in the preliminary and main exams but was declared temporarily unfit as the required Body Mass Index (BMI) had not to be more than 30 but the BMI of the respondent-applicant was 32. Though, the name of the applicant did not appear in the main list but it was shown in the consolidated reserve list. 

When other candidates were being considered for allotment to posts, the respondent-applicant made a representation with the request that he was medically fit and willing to take a re-medical examination (which admittedly was beyond the period of six months) but the same was not acceded to by the competent authority. This became the cause of grievance for filing an application before the Central Administrative Tribunal by the respondent-applicant. The Tribunal dismissed the application. When this order was challenged in the High Court by the applicant, the High Court directed the appellant to conduct re- medical examination of the respondent-applicant and take further consequential steps. This order was challenged at the instance of the Union of India by filing an appeal before this Court.

Referring to Rule 7(a)(vii) of Appendix-III of the CSE Rules 2014, the Bench opined that this provision clearly indicates that such of the candidates who are declared temporarily unfit, the period specified for re-medical examination is ordinarily six months at the maximum from the date of uploading of the medical examination report on the website of the Department. The Bench also considered the admitted fact that the case of the respondent-applicant on legal foundation was not sustainable but the Bench took into view that this was the fifth and last attempt of the respondent-applicant during which he appeared in CSE, 2014 and it was not disputed that before the year 2014, examinations which were conducted by the appellant, medical report was always made available to the individual candidate.

According to the Bench, it was only for the first time in the year 2014, this clause was inserted where the medical reports were being uploaded on the website of the Department which was considered to be the notice to all the candidates who had participated in the selection process which might have created some confusion with the respondent-applicant. 

Considering that after re-medical examination, the applicant was found medically fit for all services, the Bench allowed the appeal and directed that his appointment be considered as per his placement in the consolidated reserve list originally published of CSE, 2014 on January 19, 2016, subject to police verification, with all notional benefits including seniority, pay scale and other consequential benefits but not the actual salary for the period for which he has not worked, within a period of four weeks.

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