SC said- Re-medical test of UPSC aspirant will be done: In 2015, he did not get joining due to being found unfit in medical test; was at 93rd position in the topper list

Supreme Court in its recent decision has ordered to make the UPSC aspirant undergo re-medical test once again and if he is found fit in the test then his services will be restored.

Actually this is a different kind of case. A UPSC aspirant who cleared both the exam and interview in 2014 but failed to qualify the medical test was declared ‘temporarily ineligible’ for any post.

Article 142 Of Base But Gave Order

Using Article 142, a bench of Justices PS Narasimha and Pankaj Mithal has ordered his re-medical test. If the petitioner qualifies it, his services will be considered from the appointment date (2016).

Article 142 of the Constitution gives the Supreme Court the power to pass special orders to do complete justice in a case. According to Article 142, the Supreme Court can pass such orders while exercising its jurisdiction, which are necessary to do complete justice in any case or matter pending before it.

This UPSC exam was conducted in 2014.

Gave UPSC exam in 2014

In 2014, the petitioner had qualified all the phases of UPSC. Due to his body mass index being 30.18, he was considered unfit and was declared ‘temporarily ineligible’ for any post. Note that between 18 and 27 is considered good.

After this, the candidate again applied for medical test and his medical test was to be held on 14 July 2015. When the final result list of UPSC came on 4 July 2015, he felt that he was no longer qualified and due to this confusion, he did not even go for the medical test.

126 Candidates of List In Was 93rd Number

After this, a reserve list was issued for 126 candidates on 19 January 2016. The rank of the petitioner was 93 in this. Candidates below him had got joining, after which he filed the first petition.

The bench of PS Narasimha and Pankaj Mithal also said in its judgment that the merit list of the candidates was published. The candidate had to undergo re-medical test in 2015, however, he felt that since he was unfit, his chances were over and hence he missed this opportunity.

Challenged in Central Administration Tribunal, Patna

He approached the Central Administrative Tribunal, Patna, which dismissed his plea in view of its own decision in the case of K. Rajashekar Reddy, who had also not cleared the medical test. Against this decision, the petitioner approached the High Court with a writ petition.

While this petition was pending, Reddy’s petition was before the Telangana High Court. In an SLP against the order of the Telangana High Court in Reddy’s case, the Supreme Court had ordered a re-medical test.

Justice Reddy To Too 142 found Was Joining

Justice Reddy was appointed under Article 142. After he was found fit for all services, the Supreme Court invoked Article 142 to direct that he be considered for appointment.