The Supreme Court on Tuesday exercised its plenary power under Article 142 of the Constitution to direct the Union government to consider appointment of a candidate who cleared the Civil Services Examination in 2014 but was declared temporarily unfit for not matching with the required body mass index.
A bench of Justices Ajay Rastogi and Vikram Nath said since the candidate K Rajashekhara Reddy was found fit on subsequent re-medical examination, his case should be considered within four weeks as per his placement in the consolidated reserve list originally published on January 19, 2016.
The court said his appointment would be subject to police verification, with all notional benefits including seniority, pay scale and other consequential benefits but not the actual salary for the period for which he has not worked.
The bench also noted that it was the fifth and last attempt of the candidate.
The court also pointed out it was for the first time in 2014 that the authorities, instead of informing the candidates personally, decided to upload the medical examination report on the website for the candidates for necessary action. This might have created some confusion but once he found his name appeared in the consolidated reserve list, he made a representation on March 10, 2016 along with his medical fitness certificate, the bench noted.
After the orders of this court, the candidate was again sent for another medical examination and he was found “medically fit for all services” on May 12, 2022, it said.
The court passed its order on a plea by the Union government against the order by the High Court of Andhra Pradesh and Telangana.
The top court said the rules stipulated that the candidates found temporarily unfit should approach the authorities within six months of uploading of their medical examination report.
However, "there may be a situation that in special cases where a pregnant lady may not be in a position and is unable to complete her medical examination within a period of six months," it said.
In peculiar circumstances, the word ‘ordinarily’ (in rules) may be considered for relaxation to a limited extent but the kind of excuse projected by the candidate (on approaching the authorities) within the prescribed period of six months from the date of publication of the reserve list, in our considered view, is neither a valid justification nor is in conformity with the scheme of Rules, the bench added.