SHUBHAM AGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, a physically disabled candidate, having cleared the Civil Services Examination, 2020 by securing a rank of 755, has approached this Court seeking a direction to the respondent to constitute an independent Appellate Medical Disability Board which does not comprise of doctors either from All India Institute of Medical Sciences (AIIMS) or Safdarjung Hospital, to conduct his medical examination in order to determine the percentage of disability from which he claims to be suffering.

(2.) The grievance of the petitioner is that once the Medical Board comprising of doctors at Safdarjung Hospital had declared his disability to be less than 40% in its initial medical examination report dtd. 5/8/2021, which report was subsequently certified by the doctors of AIIMS on 10/8/2021, he apprehends that he may not be treated fairly if his Appellate Medical Examination was conducted by doctors associated with any of these two hospitals.

(3.) On the last date, learned counsel for the petitioner had drawn my attention on clause 2.1 of the Regulations relating to the physical examination of candidates ("Regulations"?), as contained in Appendix III of the Civil Services Examination Rules, 2020 ("Rules"?) which are applicable to the present case, to contend that the medical examination of the petitioner by the Appellate Board could be easily conducted at any of the other hospitals referred to in the said clause.