New Delhi: Nearly a decade after a person succeeded in the civil services exam but was declared "temporarily unfit" to be a civil servant due to obesity, the Supreme Court came to his rescue on Friday by ordering the UPSC to conduct his medical examination afresh.
The top court used its special powers under Article 142 of the Constitution, directing the Union Public Service Commission (UPSC) to conduct a fresh physical fitness test for Rakshit Shivam Prakash, who ranked 93 in the civil services exam held in 2014 but lost out due to "unacceptable" Body Mass Index (BMI).
The BMI of the candidate was at 31.75, which is higher than the prescribed standard of 30. He was declared "temporarily unfit" and consequently, denied employment. He could not take part in the second medical test scheduled on July 14, 2015. Article 142 of the Constitution empowers the top court to pass "any decree or order necessary for doing complete justice in any case or matter pending before it".
Exercising this power, a bench comprising Justices P S Narasimha and Pankaj Mithal said, "Having considered the facts and circumstances of the case, we consider it appropriate to grant a limited relief. This will be to direct the respondents (UPSC and others including the Department of Personnel and Training) to reschedule the re-medical test that was to be conducted on July 14, 2015, which the petitioner unfortunately missed."
The bench, however, rejected the plea seeking a direction to the UPSC for allocation of service to the person with all consequential benefits at par with other similarly placed candidates of the 2014 test. "At the outset we reject the prayer (allocation of service) made by the petitioner for allocation of service and consequential benefits against Civil Services Examination, 2014," Justice Narasimha said in the judgement.
"Considering the fact that the original re-medical examination was to happen in 2015 and almost a decade has passed by, we direct that in the event the petitioner qualifies in the medical re-examination, he shall neither claim appointment in the 2014 batch, nor will he be entitled to seniority in the catch in which he could be appointed," it said.
The court also clarified that if Prakash clears the medical test, his services shall commence from the date of the appointment. "This is an exceptional case in which we have exercised our jurisdiction under Article 142 of the Constitution of India to do complete justice and as such, the present decision shall not be treated as a precedent in any case," it added.
