Case Note & Summary
The petitioner applied for the Civil Services Examination 2014 conducted by UPSC. He qualified in all stages including Prelims, Mains, and Interview. In the medical examination on 29.04.2015, he was declared temporarily unfit due to a Body Mass Index (BMI) of 31.75, exceeding the prescribed standard of 30. He was called for a re-medical test on 14.07.2015. However, before that date, on 04.07.2015, UPSC published the final result in which the petitioner's name did not appear. Believing the selection process was complete, he did not attend the re-medical. On 19.01.2016, a consolidated reserve list of 126 candidates was published, and the petitioner was ranked 93rd, but candidates up to rank 97 were allocated service. He approached the Central Administrative Tribunal, Patna, which dismissed his application relying on a similar case of K. Rajashekhara Reddy. The petitioner then filed a writ petition before the Patna High Court. During its pendency, the case of K. Rajashekhara Reddy was allowed by the Telangana High Court and subsequently by the Supreme Court, which directed re-medical and consideration for appointment under Article 142. The petitioner withdrew his writ petition and made a representation to the respondents, but it was rejected citing the time limit for re-medical. He then filed a writ petition under Article 32 before the Supreme Court. The Supreme Court rejected the prayer for allocation of service and consequential benefits for the 2014 examination. However, considering the similarity with K. Rajashekhara Reddy's case and the petitioner's age (35) and exhaustion of attempts, the Court directed the respondents to schedule a re-medical test within four weeks. The Court clarified that if the petitioner qualifies, his appointment shall be from the date of appointment, not from 2014, and he shall not claim seniority in the 2014 batch. The decision was made under Article 142 and shall not be treated as a precedent.
Headnote
A) Constitutional Law - Article 142 - Complete Justice - Exercise of plenary powers - The Supreme Court directed re-medical examination for a candidate who missed the re-medical due to mistaken belief that selection process was complete, relying on its earlier order in a similar case - Held that Article 142 can be invoked to do complete justice in exceptional circumstances, but the decision shall not be treated as a precedent (Paras 13-15). B) Service Law - Medical Fitness - Temporary Unfitness - Re-medical Examination - The petitioner was declared temporarily unfit due to high BMI and was called for re-medical but did not appear - The Court directed re-scheduling of the re-medical test, subject to conditions that if found fit, appointment shall be from date of appointment and not from 2014 batch - Held that the petitioner's case is similar to that of K. Rajashekhara Reddy who was granted relief (Paras 1-15). C) Civil Services Examination - Reserve List - Allocation of Service - The petitioner's name appeared in the consolidated reserve list but he was not allocated service due to medical unfitness - The Court rejected the prayer for allocation of service and consequential benefits for the 2014 examination - Held that the only relief is re-medical examination (Paras 10-16).
Issue of Consideration
Whether the petitioner, who was declared temporarily unfit and missed the re-medical examination due to mistaken belief that the selection process was complete, is entitled to a direction for re-medical examination and consequential appointment.
Final Decision
The Supreme Court partly allowed the writ petition. It rejected the prayer for allocation of service and consequential benefits for the 2014 examination. However, it directed the respondents to call the petitioner for a re-medical test within four weeks. If the petitioner qualifies, his appointment shall be from the date of appointment, not from 2014, and he shall not claim seniority in the 2014 batch. The decision was made under Article 142 and shall not be treated as a precedent.
Law Points
- Article 142 of the Constitution of India
- Civil Services Examination Rules 2014
- Medical fitness standards
- Temporary unfitness
- Re-medical examination
- Limitation period for re-medical
- Exercise of plenary powers for complete justice
