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While exercising its plenary power under Article 142 of the Constitution, and with a view to do complete justice, the Supreme Court on Tuesday directed the Union of India that based on the re-medical fitness report, it may consider the case of a Civil Services aspirant for appointment as per his placement in the consolidated reserve list originally published of Civil Services Examination (CSE), 2014 on 19th January, 2016.

A bench of Justice Ajay Rastogi and Justice Vikram Nath further remarked that while the case of the aspirant was not sustainable on legal foundation, they were constrained to observe that it was the fifth and last attempt of the aspirant during which he appeared in CSE, 2014.

Union of India had filed an appeal against the judgment of the High Court of Judicature at Hyderabad wherein while setting aside the order of the Central Administrative Tribunal dated 5th September, 2017 it had directed the UoI to conduct re-medical examination of the respondent-applicant and take consequential steps thereafter within a period of four weeks.

The applicant, one Rajashekhara Reddy on being successful in the preliminary examination, appeared in the main examination held in December, 2014 and after qualifying the same, was called for an interview scheduled on 2nd June 2015. On 3rd June 2015, Reddy attended the medical examination at B.R. Ambedkar Hospital, New Delhi and the medical report was uploaded on the website of the Department on 17th June 2015.

In said report it was opined that required Body Mass Index (“BMI”) should be not more than 30 but since Reddy's BMI was 32, he was declared ‘temporarily unfit’.

Reddy's name was not shown in the main list but a consolidated reserve list was later published on 19th January, 2016 in accordance with Rule 16(4) and 16(6) of the Civil Services Examination Rules in the order of merit where his name was shown at Sl. No. 16. 

On 10th March 2016 Reddy made a request that he was now medically fit and willing to take a re-medical examination (which admittedly was beyond the period of six months), which was not acceded to by the competent authority.

Top Court noted that as per Rule 7(a)(vii) of Appendix-III of the CSE Rules 2014, in case of a candidate who is declared ‘temporarily unfit’, the re-medical fitness certificate in terms of the provision has to be furnished within six months from the date on which the candidate was declared to be ‘temporarily unfit’.

"...the period of six months which has been stipulated under Rule 7(a)(vii) of Appendix III of CSE Rules, 2014.... the word ‘ordinarily’ has to be conjointly read with the word ‘maximum’ during which the candidate has to approach for re-medical examination from the date of uploading of the medical examination report on the website of the Department which indicates an outer limit of six months during which it is open to the candidate to approach for re-medical examination after being declared ‘temporarily unfit’ from the date of the uploading of the medical examination report on the website of the Department and the fate of medical fitness is not dependent upon the result of the selection process held by the Commission", the Court noted.

While considering Reddy's case court considered that before the year 2014, examinations which were conducted, medical report was always made available to the individual candidate and it is only for the first time in the year 2014, this clause was inserted where the medical reports were 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.

"...this might have created some confusion with the respondent-applicant and once his name found place in the consolidated reserve list in January 2016, he made a representation on 10th March, 2016 along with his medical fitness certificate, and after the orders of this Court, the respondent-applicant has again been sent for re-medical examination and has been found “medically fit for all services” as it reveals from the medical report dated 12th May, 2022", held the Court while allowing his appeal.

Case Title: UNION OF INDIA vs. K. RAJASHEKHARA REDDY AND ANOTHER