New Delhi: The Delhi High Court has set aside the Railway Board’s decision cancelling the candidature of Manish Kumar, a candidate who had cleared all stages of the UPSC Engineering Services Examination (ESE) 2017, after a medical assessment found him unsuitable for the relevant civil engineering services.
The case arose after Kumar, who had applied under the physically handicapped category, cleared the preliminary examination, main examination and personality test. He was subsequently examined by a Railway Board medical board and an appellate medical board, which recorded neurological complaints including Generalised Dystonia with Myoclonus and Dysarthria.
Railway Board Cancelled Candidature After Medical Assessment
Kumar underwent the first medical examination on October 11, 2017. After an adverse finding, he appeared before an appellate medical board on January 11, 2018.
Read Also: Why Delhi High Court Asked Interpol To Help Trace A Man Wanted In Contempt Case
The appellate board recorded that he was suffering from neurological complaints involving Generalised Dystonia with Myoclonus and Dysarthria. The Railway Board subsequently issued a show-cause notice on February 12, 2018, questioning his eligibility as a person with disability under the Engineering Services Examination Rules.
Kumar responded by referring to disability certificates issued by Govind Ballabh Pant Hospital and the Institute of Human Behaviour and Allied Sciences, among other medical documentation. His candidature was nevertheless cancelled by the Railway Board on March 13, 2018.
Candidate Relied on 45% Locomotor Disability Certificate
Kumar’s counsel argued that he had been issued a Unique Disability ID (UDID) card by the Government of India, recording his disability as a 45% locomotor disability.
The case also concerned the definition of locomotor disability under the applicable disability framework. Kumar’s side argued that his neurological condition affected movement and therefore fell within the relevant definition.
The earlier proceedings before the Central Administrative Tribunal did not grant him relief. The CAT, in its September 27, 2024 order, held that the disability recorded by the medical boards was not classified for the Civil Engineering Service under the relevant ESE rules.
Delhi High Court Examines Disability Certification
The High Court considered the disability certificate and the medical findings in the case. It also referred to the principle discussed in Om Rathod v. Director General of Health Services concerning the treatment of a valid disability certificate during recruitment.
The court observed:
“The medical certificate clearly demonstrates that, owing to the ailment suffered by the petitioner, his movement and his ability to execute activities relating to movement were affected.”
The court further referred to the June 1, 2001 notification of the Ministry of Social Justice and Empowerment, which includes disability resulting from affliction of the musculoskeletal and/or nervous system within the category of locomotor disability.
The High Court consequently set aside the decisions that had rejected Kumar’s claim and granted relief in the matter.
Case Dates Back to UPSC ESE 2017
The dispute originated from the UPSC notification issued on September 28, 2016, for the Engineering Services Examination 2017. Kumar subsequently cleared all three stages of the examination before the medical dispute arose.
The matter had initially been filed before the Delhi High Court and was transferred to the Central Administrative Tribunal in 2019 because of the jurisdictional issue. The CAT dismissed the application in September 2024, following which the matter returned to the High Court for consideration.
