Case Note & Summary
The case involved an appeal by the Union of India against a judgment of the High Court of Judicature at Hyderabad, which had set aside an order of the Central Administrative Tribunal. The respondent-applicant participated in the Civil Services Examination, 2014, but was declared 'temporarily unfit' due to a Body Mass Index (BMI) exceeding the required limit. After being placed in the consolidated reserve list, he sought a re-medical examination beyond the six-month period stipulated by the Civil Services Examination Rules. The Tribunal dismissed his application, leading to a writ petition in the High Court, which allowed the request based on an interpretation of the rules. The Supreme Court, however, found that the High Court's interpretation of the rules was not legally sustainable, emphasizing the need to adhere to the six-month limit for re-medical examinations. Despite this, the Court exercised its powers under Article 142 of the Constitution to direct the Union of India to consider the respondent's case for appointment based on a subsequent re-medical examination that found him fit. The appeal was allowed, and the High Court's judgment was quashed.
Headnote
A) Administrative Law - Medical Fitness - Re-Medical Examination - Civil Services Examination Rules, 2014, Rule 7(a)(vii) - The High Court exercised discretion to allow a re-medical examination despite the application being made beyond the six-month limit, interpreting 'ordinarily' as allowing for exceptions. The Supreme Court found this interpretation unsustainable and quashed the High Court's order, directing consideration of the respondent's case based on a subsequent re-medical examination report (Paras 25-26).
Issue of Consideration
Whether the High Court erred in allowing the respondent-applicant's request for a re-medical examination beyond the stipulated six-month period.
Final Decision
The Supreme Court allowed the appeal, quashed the High Court's judgment, and directed the Union of India to consider the respondent's case for appointment based on the re-medical examination report, subject to police verification and with notional benefits.
Law Points
- Civil Services Examination
- medical fitness
- re-medical examination
- discretion in rules
- Article 142 of the Constitution
