SC relief to man who cleared civils but was denied job due to high BMI

Eight years later, Reddy has now got a relief from the Supreme Court which took into account that it was his fifth and last chance at civil services, and exercised its powers under Article 142 of the Constitution to direct that he be considered for appointment, as a re-medical examination had found him “medically fit for all services”.

“In the given circumstances, this court, while exercising its plenary power under Article 142 of the Constitution, to do complete justice, consider it appropriate to direct that based on the re-medical fitness report, the appellant may consider the case of the respondent-applicant for appointment as per his placement in the consolidated reserve list originally published of CSE 2014, on January 19, 2016, subject to police verification, with all notional benefits including seniority, pay scale and other consequential benefits but not the actual salary for the period for which he has not worked, within a period of four weeks from today,” a bench of Justices Ajay Rastogi and Vikram Nath ruled on Tuesday.

Article 142 empowers the SC to pass orders to do complete justice in a matter.

The judgment came on an appeal by the Centre, challenging the April 6, 2021, order of the state High Court that had ordered a medical re-examination.

The medical examination was done on June 3, 2015, and its result uploaded on the official website on June 17, 2015.

The result of the CSE (Main) 2014 was declared in July 2015, recommending 1,236 candidates in their order of merit for appointment to various All India Services for Group ‘A’ and ‘B’ posts. However, Reddy’s name did not figure in it, but his name was there in the consolidated reserve list published in January 2016.

On March 10, 2016, Reddy made a representation with the request that he is now medically fit and willing to undergo the medical examination afresh but this was not allowed by the competent authority following which he approached the Central Administrative Tribunal, which declined to give him any relief citing rule that medical re-examination should not exceed six months.

The HC, however, had concluded that he had applied within six months of his name appearing first time in the list which was in January 2016. It directed the authorities to conduct a re-medical examination.