Central Administrative Tribunal - Madras
J Navin Joseph vs Union Public Service Commission on 31 July, 2024
1 OA 1039/2019
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA/310/01039/2019
Dated, Wednesday, the 31st day of July, Two Thousand Twenty Four
CORAM:
HON'BLE MR. VARUN SINDHU KUL KAUMUDI, Member (A)
&
HON'BLE MR. M. SWAMINATHAN, Member (J)
Navin Joseph J
S/o.Mr.V.Johan Dhanakumar,
B-19, Chandan Apartments,
29, Bajanai Koil Street,
Choolaimedu, Chennai,
Tamil Nadu 600 094. ... Applicant
By Advocate M/s. Issac Chambers
Vs
1.Union Public Service Commission,
Rep., by its Secretary,
Dholpur House,
Shajahan Road, New Delhi 110 069.
2.Union of India,
Rep., by Secretary,
Ministry of Personnel, Public Grievances & Pensions,
Department of Personnel & Training,
Government of India, North Block,
New Delhi 110 001. ...Respondents
By Advocate Dr.M.Devendran (R-1)
2 OA 1039/2019
ORDER
(Pronounced by Hon'ble Mr.Varun Sindhu Kul Kaumudi, Member(A)) In the present OA, the applicant seeks the following relief:
"a) For an order calling for the records relating to the rejection letter of the 1st respondent Union Public Service Commission in F. No. 12/4/2019-E.IV dated 05.04.2019
b) For a direction directing the respondents to consider the applicant under Physically Handicapped (Visually Impaired) category for appointment in All India Civil Service based on the Central Civil Services Examination held in 2014
c) To grant such further or other relief or reliefs as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case and thus render justice."
2. Brief facts of the case, as stated by the applicant, are as follows:
2.1 The Applicant is an aspirant for the Central Civil Services. In the year 2014, the applicant took the All India Civil Services Examination pursuant to the Union Public Service Commission (UPSC) Notification vide Examination Notice No. 09/2014-CSP, dated 31.05.2014. He passed the preliminary examination on 07.06.2014 and the main examination in December, 2014.
He also attended the interview, held on 14.05.2015. On the next day of the interview, he was asked to appear before the Medical Board, namely, the Central Standing Medical Board, Safdurjung Hospital, New Delhi. 2.2 The Medical Board recorded that the applicant has an eye disorder called Keratoconus. Medical literature on Keratoconus states that it results in progressive thinning of cornea and may result in blurry vision, double vision, near sightedness, astigmatism and light sensitivity. It occurs due to a combination of genetic, environmental and hormonal factors. 2.3 After taking note of the Keratoconus disorder of the eye, the Central Standing Medical Board certified the applicant as not fit for all technical services and directed him to approach the State Government (Government 3 OA 1039/2019 of Tamil Nadu) for obtaining the disability certificate. 2.4 While so, the final result was declared by the UPSC on 04.07.2015. The applicant secured 814 marks. The cut off prescribed by the UPSC for visually impaired category was 778.
2.5 The Applicant underwent a visual examination at the Regional Institute of Ophthalmology and Government Ophthalmic Hospital, Egmore, Chennai, on 12.07.2015. Since the administration of the State Government (TN) was involved in relief works due to the floods at that time, the applicant could get disability certificate from the State Government only on 01.02.2016. 2.6 As per the UPSC examination notification, dated 31.05.2014, in cases involving physical disability, the request for change from the general to the reserved may be considered by the UPSC, on merit. As the applicant had not initially applied under the reserved category for disabled persons, he made a representation to the UPSC on 26.02.2017.
2.7 As there was no response from the UPSC, the applicant submitted a representation, in person, on 09.06.2017 to the UPSC. Since there was no response again, the applicant sent a representation to the Department of Personnel and Training, Government of India. The applicant also sent a representation to the Department of Personnel and Training by email, on 30.06.2018. Since, there was no response for a long time, the applicant sent a representation to the PMO on 27.01.2019, to which also there was no response. So, the applicant sent a representation, dated 11.03.2019, to the UPSC again. In all his representations, the applicant had requested to consider him under the reserved category for the physically handicapped (visually impaired).
2.8 The Applicant states that, at last, the UPSC sent a communication to 4 OA 1039/2019 the applicant vide F. No. 12/4/2019- E. IV, dated 05.04.2019, extracting a portion of Rule 23 of the Rules of CSE 2014, published in the Gazette of India Extraordinary, Part I, Sec 1, dated 19.06.2014, stating that the applicant neither applied under the Physically Handicapped category nor submitted any disability certificate as provided for in the Rules for CSE 2014. 2.9 The grievance of the applicant is thateven after production of the disability certificate from the competent authority, the UPSC states that the applicant has not produced any disability certificate, which is wrong, arbitrary and illegal. Being aggrieved, the applicant has filed the present OA, seeking the aforesaid relief.
3. After notice, Respondent no.1 have entered appearance through their counsel and filed a short reply statement refuting all the averments made in the OA, except those which are admitted on facts.
3.1 It is submitted that the applicant had applied for CSE-2014 (Roll No.032473) under the OBC category, with Non-PwBD status. He qualified in the Civil Services (Prelims) and the Civil Services (Main) and appeared at the Personality Test and, subsequently, underwent Medical Test at the Safdurjung Hospital, New Delhi, where the Central Standing Medical Board (CSMB) observed that the candidate had eye disorder, called "Keratoconus", a kind of eye disease where the affected person develops visual impairment. The CSMB recorded that the candidate was "NOT FIT FOR ALL TECHNICAL SERVICES" and directed him to approach the State Government for obtaining the disability certificate.
3.2 The respondent states that the UPSC has no role in conduct of Medical Test or examining the reports of the Central Standing Medical Board (CSMB). 5 OA 1039/2019 Meanwhile, the Commission declared the final results, on 04.07.2015, based on the performance of the candidates in the written papers as well as the interview. The applicant secured 814 marks, short by 30 marks from the OBC standards, i.e., 844, due to which he could not find a place in the final recommended list sent to the DoP&T for service allocation and further necessary action.
3.3 On the other hand, the applicant managed to get the requisite disability certificate from the State Medical Authority, only on 01.02.2016, i.e., well after the declaration of the final result of CSE-2014. His representation, dated 11.03.2019, requesting to extend the benefit of Physically Handicapped (Visually Impaired) Category to him and appoint him to Central Civil Services was answered, vide letter, dated 05.04.2019, quoting Rule 23 of Rules of CSE-2014, published in the Gazette of India Extraordinary Part I- Section 1, dated 19.06.2014, which interalia says that the request of such candidates who, unfortunately, become physically disabled during the course of examination should produce valid documents which would be considered on merit. As the applicant neither applied under the PH category nor did he submit his disability certificate during the course of the examination, his request to consider him under the PH category could not be acceded to.
3.4 It is further submitted that as the number of vacancies indented to the Commission by the DoP&T are fixed and a fixed number of candidates are recommended against the vacancies reported to the Commission by the DoP&T, if the applicant's request is acceded to and he is treated as a PwBD candidate, the entire result would be disturbed and an already recommended candidate would have to be replaced/removed from the list of finally 6 OA 1039/2019 recommended candidates. If such a request is acceded to, even after the final result, it would be an endless process and will make a mockery of the entire process. Hence, they prayed for dismissal of the OA.
4. Heard the counsels for both the parties, and perused the pleadings and materials on record.
5. We have gone through the related paras in the Notification, dated 31.05.2014, in the Employment News 31 st May-6th June 2014 (Annexure R-1) which are extracted below:-
8. The eligibility for availing reservation against the vacancies reserved for the physically disabled persons shall be the same as prescribed in "The Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995." Provided further that the physically disabled candidates shall also be required to meet special eligibility criteria in terms of physical requirements/functional classification (abilities/disabilities) consistent with requirements of the identified Service/Post as may be prescribed by its Cadre Controlling Authority at note-II of Para-1 of this Notice. The physical requirement and functional classification can for example be one or more of the following :
Code Physical Requirements S Sitting ST Standing W Walking SE Seeing H Hearing/Speaking RW Reading and Writing C Communication MF Manipulation by Finger PP Pushing & Pulling L Lifting KC Kneeling and Croutching BN Bending Code Functional Classification OH Orthopaedically Handicapped VH Visually Handicapped HH Hearing Handicapped OA One Arm OL One Leg BA Both Arm BH Both Hands MW Muscular Weakness OAL One Arm One Leg BLA Both Legs and Arms BLOA Both Legs One Arm LV Low Vision B Blind PD Partially Deaf FD Fully Deaf Note : The above list is subject to revision.
9. A candidate will be eligible to get the benefit of community reservation only in case the particular caste to which the candidates belong is included in the list of reserved communities issued by the Central Government. If a candidate indicates in his/her application form for Civil Services (Preliminary) Examination that he/she belongs to General category but subsequently writes to the Commission to change his/her category to a reserved one, such request shall not be entertained by the Commission. Similar principle will be followed for physically disabled categories also. While the above principle will be followed in general, there may be a few cases where there was a little gap 7 OA 1039/2019 (say 2-3 months) between the issuance of a Government Notification enlisting a particular community in the list of any of the reserved communities and the date of submission of the application by the candidate. In such cases the request of change of community from general to reserved may be considered by the Commission on merit. In case of a candidate unfortunately becoming physically disabled during the course of the examination, the candidate should produce valid documents to enable the Commission to take a decision in the matter on merit.
10. Candidates seeking reservation/ relaxation benefits available for SC/ST/ OBC/PH/Ex-servicemen must ensure that they are entitled to such reservation/ relaxation as per eligibility prescribed in the Rules/Notice. They should also be in possession of all the requisite certificates in the prescribed format in support of their claim as stipulated in the Rules/ Notice for such benefits, and these certificates should be dated earlier than the due date (closing date) of the application for Civil Services (Prelims) Examination.
6. Further, we have also gone through the Paras 23 and 24 in the Gazette of India Extraordinary [Part I-Sec.1) (Annexure R-2), which are extracted as under:
23. A candidate will be eligible to get the benefit of community reservation only in case the particular caste to which the candidates belong is included in the list of reserved communities issued by the Central Government. If a candidate indicates in his/her application form for Civil Services (Preliminary) Examination that he/she belongs to General category but subsequently writes to the Commission to change his/her category to a reserved one, such request shall not be entertained by the Commission. Similar principle will be followed for persons with benchmark disability categories also. While the above principle will be followed in general, there may be a few cases where there was a gap not more than 3 months between the issuance of a Government Notification enlisting a particular community in the list of any of the reserved communities and the date of submission of the application by the candidate. In such cases the request of change of category from general to reserved may be considered by the Commission on merit. In case of a candidate unfortunately becoming a Candidate belonging to Person with Benchmark Disability during the course of the examination process, the candidate should produce valid document showing him acquiring a disability to the extent of 40% or more as defined under the RPwD Act, 2016 to enable him to get the benefits of reservation as available to the persons with benchmark disability (PwBD).
24. Candidates seeking reservation/relaxation benefits available for SC/ST/OBC/PwBD/Ex-servicemen must ensure 8 OA 1039/2019 that they are entitled to such reservation/relaxation as per eligibility prescribed in the Rules/Notice. They should also be in possession of all the requisite certificates in the prescribed format in support of their claim as stipulated in the Rules/ Notice for such benefits, and these certificates should be dated earlier than the due date (closing date) of the application of Civil Services (Preliminary) Examination, 2018.
7. It is pertinent to note that the applicant had neither applied under PH category nor did he submitted his disability certificate during the course of examination, his request to consider him under PH category could not be acceded to. The UPSC made it clear that his request for considering him under the PH category could not be acceded to and any such step would disturb the entire result, making mockery of the entire process.
8. We have also noted the certificate issued by the Special Medical Board at Chennai, on 12.11.2015, showing visual disability 90*. In the Disability Certificate issued on 03.02.2016, by the Government of Tamil Nadu, the relevant columns read as follows:-
14. Nature of Disability : Blind
15. Degree/Percentage of Disability : VI 90% In the F-IV Disability Certificate, dated 01.02.2016, the following entries are seen:
"3.Blindness : Both eyes : 90% Ninety Percentage
2.The above condition is progressive."
9. The applicant admits his grave visual impairment. It is not explained why the applicant has not opted to appear in the appropriate PH category, rather than seeking recategorisation from OBC to PwBD at the belated stage, after the ailment was detected at the Safdarjung Hospital.9 OA 1039/2019
10. The letter, dated 05.04.2019, of the UPSC to the candidate concludes as follows:-
"It may be stated categorically that neither had you applied as a PH candidate in CSP 2014 nor did you submit your disability certificate according to the provisions mentioned in the Rules for CSE 2014. Therefore, your request cannot be acceded to".
11. We have read the said recommendation of the CSM (Board), Safdarjung Hospital, (Annexure A-4) which goes as follows:-
"Part-D Recommendation of the Board:-
III The candidate is "unfit" for specific/all technical services (please give reasons)
(a) due to Keratoconus left side and
(b)and left flat foot
12. In the conspectus of the circumstances and findings above, we come to the conclusion that, the candidate cannot be allowed to change horses midstream. He had originally applied as an OBC candidate in the CSE-2014, with non-PwBD status. After the notification, the request for change in category has to be time bound. Para 9 is clear that, "If a candidate indicates in his/her application form for Civil Services (Preliminary) Examination that he/she belongs to General category but subsequently writes to the Commission to change his/her category to a reserved one, such request shall not be entertained by the Commission. Similar principle will be followed for physically disabled categories also.
While the above principle will be followed in general, there may be a few cases where there was a little gap (say 2-3 months) between the issuance of a Government Notification enlisting a particular community in the list of any of the reserved communities and the date of submission of the application by the candidate. In such cases, the request of change of community from general to reserved may be considered by the Commission on merit. In case of a candidate unfortunately becoming physically disabled during the course of the examination, the candidate should produce valid documents to enable the Commission to take a decision in the matter on merit."
10 OA 1039/2019
13. It cannot be accepted that the candidate unfortunately became physically handicapped during the course of the examination. Even in the declaration form, filled up by the candidate on 15.05.2015, (Annexure A-4), before the medical examination by the Board at Delhi, there is no indication given by the candidate about his serious disability. The disability would have not become an issue, had the Medical Board not recorded its findings to that effect on 15.05.2015. The report of the State Government, in this regard, came as late as February, 2016.
14. In the light of the above discussion, we do not find that the applicant has succeeded in making out a case in his favour. The OA is, therefore, dismissed. No order as to costs. IR and MAs, if any, will stand closed.
(M.SWAMINATHAN) (VARUN SINDHU KUL KAUMUDI)
MEMBER (J) MEMBER(A)
MT 31.07.2024