Candidates Can't Choose Agency For Medical Examination: CAT Rejects UPSC Aspirant's Claim For Reservation Under 'Multiple Disabilities' Category

The principal bench of the Central Administrative Tribunal has rejected the plea of a candidate who, despite clearing the UPSC Civil Services examination, was not allotted a post because his claim for the benefit of reservation under the Multiple Disabilities category was rejected.The candidate challenged the Medical Examination Report issued by the Medical Board of AIIMS, which found that the applicant falls in the category of Locomotor Disability and not Multiple Disability. Reliance was placed on the certificate issued by Lok Nayak Jai Prakash Hospital declaring him to be suffering with 90% Locomotor Disability and associated 40% speech and language impairment. Rejecting the plea the bench of members Pratima K. Gupta and Tarun Shridhar,"We would not be comfortable with the situation where candidates are allowed to choose the agency/organization as per their preference for their medical examination. Moreover, vide the confidential communication...the Professor and Head of the Department of Physical Medicine and Rehabilitation, AIIMS, New Delhi, has given a categorical conclusion that the applicant...belongs to locomotor disability category and not multiple disability category."It added there is no cause to raise even an iota of doubt upon the medical reports of AIIMS and the categorical opinion given by the Head of Department. “We cannot even consider pointing any finger of arbitrariness or subjectivity towards the medical experts,” said the bench.Further observing that the candidate is entitled for benefits under Right of Person with Disabilities Act, 2016 (RPWD Act), the Tribunal said, the provisions of RPWD Act have to be read with the rules and instructions governing Civil Services Examination and the reservation of posts. The bench opined that it should not draw an exception in the case of the applicant as his case is to be squarely governed by the relevant rules and instructions governing the CSE and the associated medical examination of the candidate.Refusing to interfere in the findings of the Medical Board, the Tribunal said, “Neither do we have the professional competence to question the assessment and wisdom of medical experts nor do we find any illegality or arbitrariness in the same as alleged by the applicant.”The Tribunal also rejected the prayer of re-evaluation by any other hospital other than AIIMS. “We hold the view that allowing this prayer would amount to acquiescing with the applicant in questioning the integrity and professionalism of the medical experts of the AIIMS,” it said.In the light of the above the plea was dismissed.Case Title: Atul Ranjan v. UOI & Ors.Advocates Neeraj Shekhar with Ashutosh Shekhar, Ashutosh Thakur, Dr. Sumit Kumar and Keshav Baheti and Chandra Pratap for applicant.Advocates RV Sinha and AS Singh for the petitioners.Click Here To Read/Download Order

Candidates Can't Choose Agency For Medical Examination: CAT Rejects UPSC Aspirant's Claim For Reservation Under 'Multiple Disabilities' Category

Aiman J. Chishti

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Candidates Can't Choose Agency For Medical Examination: CAT Rejects UPSC Aspirant's Claim For Reservation Under 'Multiple Disabilities' Category

Aiman J. Chishti

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INR 1099+GST

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