Delhi High Court
Shubham Agarwal vs Union Of India on 3 December, 2021
$~66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision:- 03.12.2021
+ W.P.(C) 11809/2021 & CM APPL. 36538/2021 (Direction)
SHUBHAM AGARWAL ..... Petitioner
Through: Mr. Tanmay Mehta, Mr. H.S. Nanda,
Mr. Hemant Shah & Ms. Shreya
Gupta, Advocates
versus
UNION OF INDIA ..... Respondent
Through: Mr. Vikrant N. Goyal, Advocate
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
REKHA PALLI, J (ORAL)
1. The petitioner, a physically disabled candidate, having cleared the
Civil Services Examination, 2020 by securing a rank of 755, has approached
this Court seeking a direction to the respondent to constitute an independent
Appellate Medical Disability Board which does not comprise of doctors
either from All India Institute of Medical Sciences (AIIMS) or Safdarjung
Hospital, to conduct his medical examination in order to determine the
percentage of disability from which he claims to be suffering.
2. The grievance of the petitioner is that once the Medical Board
comprising of doctors at Safdarjung Hospital had declared his disability to
be less than 40% in its initial medical examination report dated 05.08.2021,
which report was subsequently certified by the doctors of AIIMS on
10.08.2021, he apprehends that he may not be treated fairly if his Appellate
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By:GARIMA MADAN
Signing Date:03.12.2021
18:36:09
Medical Examination was conducted by doctors associated with any of these
two hospitals.
3. On the last date, learned counsel for the petitioner had drawn my
attention on clause 2.1 of the Regulations relating to the physical
examination of candidates ("Regulations"), as contained in Appendix III of
the Civil Services Examination Rules, 2020 ("Rules") which are applicable
to the present case, to contend that the medical examination of the petitioner
by the Appellate Board could be easily conducted at any of the other
hospitals referred to in the said clause.
4. Upon notice being issued, counter affidavit has been filed by the
respondent wherein, besides reiterating that they have decided to get the
petitioner's Appellate Medical Examination conducted at AIIMS, no
explanation whatsoever has been given as to why the said examination
cannot be conducted by a body comprising of doctors who are not associated
with either AIIMS or Safdarjung Hospital.
5. In support of his plea that he is entitled to claim that his Appellate
Medical Examination should be conducted by a Medical Board comprised of
doctors from a designated hospital other than the ones in which his initial
medical examination was conducted on 05.08.2021, learned counsel for the
petitioner has relied on para 7(a)(xiii) of the Regulations, containing general
guidelines to be followed by Medical Boards, which reads as under:
"7. General Guidelines for Medical Boards:-
(a) The following intimation is made for the guidance of the
Medical Examination :--
xxx xxx xxx
xiii. Such Candidates going into Appeal may be referred to the
Appellate Medical/Specialized Disability Medical Board of a
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By:GARIMA MADAN
Signing Date:03.12.2021
18:36:09
designated Hospital other than the one in which previous
Medical Examination was conducted."
6. In the light of the aforesaid, especially since the respondents have not
been able to point out anything in the applicable Rules of 2020, which
would mandate that the Appellate Medical Examination to determine the
disability of a physically disabled candidate must be carried out at AIIMS, I
am of the view that there is no reason as to why the petitioner should be
compelled to undergo the appellate medical examination at AIIMS and that
too when there are various other designated hospitals referred to in para 2.1
of the Regulations forming part of the Rules as contained in Appendix III
thereof. In this manner the petitioner's apprehension of not being treated
fairly can be easily put to rest. The said clause which gives a list of
designated hospitals includes various other hospitals, besides Safdurjung
Hospital and AIIMS and the same reads as under:
"2.1. Designated Hospitals to conduct Medical Test would be
conducted in viz. Safdarjung Hospital, Dr. Ram Manohar Lohia
Hospital, Lok Nayak Jai Prakash Narayan Hospital, Sucheta
Kriplani Hospital, Guru Teg Bahadur Hospital, Deen Dayal
Upadhyay Hospital, B.R. Ambedkar Hospital, AIIMS, New
Delhi, etc. The decision of the Government regarding the date,
venue and suitability of the Candidate for appointment to a
service shall be final."
7. The writ petition is therefore allowed by directing the respondent to
get the petitioner medically examined by an Appellate Medical Board at any
of the four hospitals referred to in clause 2.1 of the said Regulations, other
than Safdarjung Hospital and AIIMS.
8. In the light of the admitted position that the training of the selected
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By:GARIMA MADAN
Signing Date:03.12.2021
18:36:09
candidates is commencing on 05.12.2021, the respondent is directed to
ensure that the petitioner's Appellate Medical Examination for determining
the percentage of his physical disability is conducted tomorrow itself i.e. on
04.12.2021. However, in case, for any unavoidable reason, if the Appellate
Medical Examination of the petitioner cannot be conducted tomorrow, the
same will be conducted as expeditiously as possible and in case he is found
eligible to be appointed, he will be allowed to join the training forthwith.
9. The writ petition along with the pending applications is, accordingly,
disposed of in the aforesaid terms.
(REKHA PALLI)
JUDGE
DECEMBER 03, 2021
rd
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DigitallySigned
By:GARIMA MADAN
Signing Date:03.12.2021
18:36:09
