A bench comprising Justices P S Narasimha and Pankaj Mithal directed the UPSC and other respondents, including the Department of Personnel and Training, to reschedule the missed medical test.
NEW DELHI: Nearly a decade after being declared “temporarily unfit” for the civil services due to obesity, the Supreme Court has intervened on behalf of Rakshit Shivam Prakash, who had ranked 93 in the 2014 exam but was denied employment due to a Body Mass Index (BMI) of 31.75, exceeding the prescribed limit of 30.
Using its special powers under Article 142 of the Constitution, the Supreme Court has ordered the Union Public Service Commission (UPSC) to conduct a fresh medical examination for Prakash.
Prakash missed the second medical test scheduled on July 14, 2015, after being declared temporarily unfit. Article 142 allows the Supreme Court to issue orders necessary for complete justice in any pending case.
A bench comprising Justices P S Narasimha and Pankaj Mithal directed the UPSC and other respondents, including the Department of Personnel and Training, to reschedule the missed medical test.
Exercising this power, a bench comprising Justices P S Narasimha and Pankaj Mithal stated,
“After considering the facts and circumstances of the case, we find it appropriate to grant limited relief. We direct the respondents (UPSC and others, including the Department of Personnel and Training) to reschedule the re-medical test that was initially set for July 14, 2015, which the petitioner missed.”
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The bench, however, denied the plea for directing the UPSC to allocate service to the petitioner with all consequential benefits equivalent to those of other similarly placed candidates from the 2014 test.
Justice Narasimha said in the judgement,
“We reject the prayer for allocation of service and consequential benefits against the Civil Services Examination, 2014.”
“Given that the original re-medical examination was scheduled for 2015 and nearly a decade has passed, we direct that if the petitioner qualifies in the medical re-examination, he shall not claim appointment in the 2014 batch nor be entitled to seniority in the batch he could be appointed to,”
the court said.
The court further clarified that if Prakash passes the medical test, his service will begin from the date of his new appointment.
“This is an exceptional case where we have used our jurisdiction under Article 142 of the Constitution of India to ensure complete justice. This decision should not be treated as a precedent,”
the court added.
However, the court rejected Prakash’s request for allocation of service and related benefits from the 2014 examination. The bench specified that if Prakash qualifies in the re-examination, he will not be entitled to a 2014 batch appointment or seniority but will start his service from the date of his new appointment.
The court emphasized that this decision, made under Article 142 for complete justice, is an exceptional case and should not be considered a precedent.
