UNION OF INDIA Vs. SATWINDER KAUR

JUDGEMENT

(1.) THE petitioner has preferred the present writ petition under Article 226 of the Constitution of India to assail the order dated 13.11.2013 passed by the Central Administrative Tribunal, Principal Bench, New Delhi ("CAT" in short) in O.A. No. 2649/2012, whereby: (i) the CAT allowed the aforesaid original application, and quashed the orders dated 03.05.2012 and 19.06.2012 issued by the petitioner, whereby the respondent was declared as medically "unfit" by the Medical Board and the Appellate Medical Board of the petitioner respectively, and; (ii) it directed the petitioner to take consequential steps with respect to the respondent's selection for Engineering Services Examination -2011 in accordance with the rules & instructions, within a period not exceeding four months from the date of receipt of the impugned order.

(2.) THE respondent has a Bachelors Degree in Engineering from Thapar University, Patiala in Electronics & Communication, having secured 73.3% marks in the year 2008. The respondent joined M/s. HCL Technologies Limited as a Software Engineer and served in the said organisation between 30.07.2008 and 17.12.2009. The respondent appeared in the Engineering Services Examination -2011 conducted by the Union Public Service Commission ("UPSC" in short) in May 2011. The selection process for the said examination consisted of a written test followed by personality test/interview. The selected candidates were required to undergo medical examination before their recruitment.

(3.) THE respondent got herself examined at Post Graduate Institute of Medical Education and Research ("PGIMER" in short), Chandigarh. Dr. Shefali K. Sharma, Assistant Professor, Department of Internal Medicine, PGIMER, Chandigarh, upon examination of the respondent issued a certificate dated 14.05.2012 certifying that the respondent was suffering from SLE. She further stated in the certificate that: