UNION OF INDIA Vs. RIZWAN BASHA SHAIK

JUDGEMENT

(1.) O.A/020/0056/2018 was filed by Rizwan Basha Shaik, the respondent herein, before the Central Administrative Tribunal, Hyderabad Bench (for brevity, 'the Tribunal'), assailing the order dated 07.11.2017 of the Under Secretary, Department of Personnel and Training, Government of India, and seeking a consequential direction to allocate him to any of the Central Civil Services, under physically handicapped category, as per the Rank No.48 secured by him in the Civil Services Examination, 2016. By order dated 23.03.2018, the Tribunal allowed the O.A., setting aside the impugned order dated 07.11.2017 and directing his appointment to a suitable post in the civil services based on his rank. Aggrieved thereby, the Union of India, represented by the Secretary, Department of Personnel and Training (AIS Division), Government of India, New Delhi, filed this writ petition.

(2.) The respondent appeared for the Civil Services Examination, 2016, under the visually impaired category with 40% blindness. He secured All India Rank No.48. The Union Public Service Commission recommended his name for appointment to the civil services under physically handicapped category. According to him, he has no vision in the right eye and high myopia nystagmus in his left eye, with visual acuity of 6/24, coming under visually impaired category with 40% disability.

(3.) Rule 3 of the Rules formulated by the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), Government of India, vide Notification F.No.13018/3/2016-AIS(I) dated 27.04.2016 (for brevity, 'the Rules of 2016'), provides reservation for candidates belonging to physically disabled categories in the Central Civil Services and Rule 22 thereof provides that the eligibility for availing such reservation shall be the same as prescribed in The Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for brevity, 'the Act of 1995'). Section 2(t) of the Act of 1995 defines 'person with disability' to mean a person suffering from not less than 40% of any disability as certified by a medical authority. Section 2(i) of the Act of 1995 defines 'disability' to mean both, 'blindness' as well as 'low vision', amongst others. It is therefore clear that to avail the benefit of such reservation in the Central Civil Services, a person with visual disability must suffer from not less than 40%, as certified by a medical authority. Appendix-III to the Rules of 2016 is titled 'Regulations Relating to the Physical Examination of Candidates'. Regulation 3 therein provides that candidates would be intimated to present themselves before the Central Standing Medical Board constituted for the purpose of conducting medical examination to determine their mental and physical status. Regulation 3.1.4 provides that in case of dissatisfaction/disagreement with the report of the medical examination/medical test and its recommendations, the candidate may prefer an appeal to the Department of Personnel and Training. Thereupon, medical examination of such candidate by the Appellate Medical Board would be arranged at Delhi. Regulation 3.1.5 is relevant for the purposes of this case and it reads as under: