RAKSHIT SHIVAM PRAKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) Aspiring employment in the Union Public Service Commission ('UPSC'), the petitioner applied and participated in the selection process of the Civil Services Examination 2014, which commenced with a notification by the UPSC on 31/5/2014. The petitioner qualified in Prelims, Mains and also the Interview. He was called to attend the medical examination, conducted by the Central Standing Medical Board on 29/4/2015. After the medical, he was declared to be 'temporarily unfit', due to his Body Mass Index (BMI) being 31.75, which is higher than the prescribed standard of 30 BMI. The petitioner duly applied for a re-medical test which was scheduled to take place on 14/7/2015.

(2.) On 4/7/2015, UPSC published the final result, and the petitioner's name did not appear in the list. It is the petitioner's case that he concluded that the selection process is complete upon publication of this final result and having lost hope, he did not appear for the re-medical test scheduled for 14/7/2015.

(3.) The most amazing things in life happen right at the moment you are about to give up hope. On 19/1/2016, a consolidated reserve list of 126 candidates was published for filling up the remaining posts. The petitioner was shown to have secured rank 93rd in this list. At the same time, candidates ranked below the petitioner on that list, up till 97th rank, were allocated service. With this publication, his hope became a claim of right.