CAT Orders Revival of UPSC Candidature After Conflicting Medical Reports, Rules in Favor of 84.2% Disability

Court: Central Administrative Tribunal, Principal Bench, New Delhi

Date: 23 August 2024
Judges: Hon’ble Mrs. Pratima K. Gupta, Member (J) & Hon’ble Mr. Rajinder Kashyap, Member (A)

Parties

• Applicant: Kore Nihal Pramod (represented by Advocate Mr. Raja Chaudhary with Mr. Vikas Pal)
• Respondents:
  1. All India Medical Science (AIIMS), New Delhi (represented by Director)
  2. Department of Personnel & Training (represented by Secretary)
  3. Union Public Service Commission (UPSC) (represented by Chairperson)
     (By Advocate: Mr. Gyanendra Singh)

Facts of the Case

• The applicant, Kore Nihal Pramod, appeared for the Civil Services Examination (CSE) 2022 under the Physically Disabled (PD) category and obtained a rank of 922.
• However, he was declared medically unfit by the first Medical Board at AIIMS, which did not mention his disability percentage, prompting him to appeal.
• The Appellate Medical Board at AIIMS later assessed his disability at 9.66% (left ear) but this was conducted by a single-member board, in violation of Appendix III, Regulation 5(11) of the CSE medical examination rules.
• The applicant had a Disability ID showing a 60% disability and, dissatisfied with the process, approached the Hon’ble High Court of Delhi seeking a re-examination.
• The High Court directed an independent Medical Board at Research & Referral Hospital to conduct the re-examination. The board determined his hearing disability as 84.2%.

Procedural History

• The case was originally filed as W.P. (C) No. 15755/2023 before the Hon’ble High Court of Delhi.
• On 29 July 2024, the High Court transferred the matter to the Central Administrative Tribunal (CAT) for further consideration.

Key Issues

1. Medical Fitness: There is a contradiction between the AIIMS report, which declared the applicant medically unfit (9.66% disability), and the Research & Referral Hospital report, which determined a 84.2% disability.
2. Compliance with Rules: The constitution of the Appellate Medical Board at AIIMS was not in accordance with the relevant regulations as it consisted of only one member.

Arguments

• Applicant’s Counsel: Argued that the applicant’s disability was not correctly evaluated by AIIMS. He was unfairly assessed under the PD category, and his Disability ID indicates a much higher percentage of disability.
• Respondents’ Counsel: Argued for a fresh medical examination, citing the discrepancies between the AIIMS and Research & Referral Hospital reports.

Order (Oral)

• The Tribunal rejected the respondents’ request for a third medical examination, stating that the examination by the Research & Referral Hospital was conducted by three experts in compliance with the Delhi High Court’s order, and delaying the process any further would be inappropriate given that the examination was from 2022.
• The Tribunal directed the respondents to:
  1. Revive the candidature of the applicant if it had been cancelled.
  2. Process the applicant’s dossier in accordance with the report of the Research & Referral Hospital, which determined an 84.2% disability.
  3. Ensure that the applicant receives the benefit of the Physically Disabled (PD) category if he meets the criteria based on his disability and rank.

The OA was disposed of with directions for the respondents to take necessary steps based on the findings of the Research & Referral Hospital. There was no order as to costs.

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