INDIAN COUNCIL OF AGRICULTURAL RESEARCH Vs. SHASHI GUPTA

JUDGEMENT

(1.) Special leave granted.

(2.) Shashi Gupta was offered an appointment in the Agricultural Research Service (the Service) as Scientist Grade S in the Indian Council of Agricultural Research (ICAR). She was required to produce medical certificate of fitness from the medical board. Unfortunately she was declared unfit by the medical board and also by the appellate medical board. She challenged the medical reports by way of a civil writ petition before the Delhi High Court. The writ petition was transferred to the Central Administrative Tribunal, New Delhi (the Tribunal). The Principal Bench of the tribunal by its judgment dated February 13, 1992 quashed the medical reports and directed the ICAR to appoint Shashi Gupta to the Service as Scientist Grade S. This appeal by ICAR is against the judgment of the tribunal.

(3.) Shashi Guptajoined Service as Senior Computer Assistant in the Indian Agricultural Statistics Research Institute (IASRI) with effect from February 10, 1975. The said post was redesignated as Technical Assistant with effect from October 1, 1975. The ICAR constituted the Service with effect from October 1, 1975 under the Rules called The Agricultural Research Service Rules, 1975 (the Rules). Under Rule 6 of the Rules Service consists of four grades called Scientist S, Scientist I(S-l), Scientist 2(S-2) and Scientist 3 (S-3). Rule 10 of the Rules provides for initial constitution of the Service. A selection committee is required to assess the suitability of the "council's candidates" for appointment to the various grades of the Service at the initial constitution of the Service. Rule 2(1) defines "council's candidates" to mean persons specified in Schedule Ito the Rules. It is not disputed that Shashi Gupta qualified to be a "council's candidate" and as such was eligible to be considered by the selection committee for appointment to the Service as initially constituted.