RAMESH CHOUDHARY Vs. UNION PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) THIS OA has been filed against the impugned order dated 23.10.2013 by which the respondent UPSC had communicated its decision to debar the applicant for a period of ten years w.e.f. 11.09.2013 from all examinations and selections to be conducted by UPSC. According to this decision, the applicant's candidature for Engineering Services Examination, 2012 has also been cancelled.

(2.) ACCORDING to the facts, furnished by the applicant in the OA, the applicant was afflicted with polio due to which his right leg was affected and he became physically handicapped (PH) but with less than 40% handicap. He applied for the Engineering Services Examination, 2011 and candidature for this year was cancelled by UPSC on 02.02.2012 as his disability was less than 40% (Annexure A -2). He again applied for Engineering Services Examination, 2012 but not in PH quota. He applied on -line on 20.03.2012 in which the column mentioned only whether the candidate was physically handicapped but did not indicate the percentage of handicap. He answered in the affirmative and he also mentioned his community as OBC. He did not claim remission of fee but probably because he had mentioned himself as physically challenged automatic fee remission option was ticked. He qualified in the written examination and thereafter filled in the detailed application form (DAF) for the Engineering Services Examination, 2012. In this application form, there was a column asking whether the applicant was physically challenged and since the percentage of physical handicapped was asked if more than 40%, the applicant replied in the negative. He took the Engineering Services Examination, 2012 preparing for it as an OBC candidate. He qualified in the written examination and was called for interview. He was put in the select list and his medical examination was conducted on 16.07.2013. He received notice dated 24.07.2013 from UPSC alleging that he had deliberately made incorrect/false statement suppressing material information about his category and was asked as to why disciplinary action be not taken against him. The applicant replied to the show cause notice dated 24.7.2013 on 29.7.2013. Thereafter, the impugned order dated 23.10.2013 regarding debarment from all the Engineering Services Examinations and selections for ten years and cancellation of candidature for the Engineering Services Examination, 2012 was communicated.

(3.) THE grounds stated in the OA are that the impugned order is violative of the applicant's fundamental rights under Articles 14 and 16 of the Constitution and that the applicant had not violated Rule 11(v) of the Engineering Services Examination, 2012 and had not deliberately furnished incorrect or false statement or suppressed any material information. The applicant had not drawn any undue benefit on the basis of the information furnished and had not been given any appointment. The fact was that the applicant was physically challenged but he did not seek appointment against the physically challenged category and had not changed his category, because in both in the on -line application and in the DAF he had showed his community as OBC. The on -line application was only for the purpose of registration for the examination on which the admit card was issued. After the written result, the DAF was filed and on the basis of the information given in this form the quota and category are selected. The applicant had applied from the OBC category under non -PH. There was no malafide nor any intention to mislead or give false information. The impugned order has been passed without application of mind. The purpose of giving information regarding his physical handicap was only with the intention to enable UPSC to allot him service and department commensurate with his physical incapacity. Under Rule 19 of the Engineering Services Examination Rules, 2012 such factor is kept in kind while considering the allotment of service/post.