M Muralikrishna vs Secretary Union Of India And 3 ...
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     THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                                AND
          THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                    WRIT PETITION (PIL) No. 153 of 2017

ORDER: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)

          The present writ petition (public interest litigation) has been

filed by the petitioner, who is an Advocate, stating that respondent

No.4, who has been selected in the UPSC Civil Services

Examination, does not possess disability of 45%.

Sri L. Ravi Chander, learned Senior Advocate, has argued

before this Court that respondent No.4 was subjected to

examination by various medical boards from time to time and he

does possess the physical disability as reflected in the certificates.

The certificates are also on record. He has also stated that the

public interest litigation is not maintainable, in the light of the

judgments delivered by the Hon'ble Supreme Court in the cases of

Dr. Duryodhan Sahu and others vs. Jitendra Kumar

Mishra and others1 and Madan Lal vs. High Court of

Jammu and Kashmir and others2.

This Court, after careful consideration of the documents on

record and the certificates which establish that respondent No.4 is

having 59% Locomotor/Orthopaedic disability, is of the opinion

that the present public interest litigation is certainly not

maintainable, as it is purely an issue relating to service matter.

Resultantly, the writ petition (public interest litigation) is

dismissed.

(1998) 7 SCC 273

(2014) 15 SCC 308

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ

_______________________ ABHINAND KUMAR SHAVILI, J

09.02.2022 JSU