The Delhi High Court has set aside orders by the Railway Board and the Central Administrative Tribunal that disqualified a candidate from the Union Public Service Commission’s Engineering Services Examination over a neurological condition, ruling that administrative bodies cannot override a government-issued disability certificate.
A bench comprising Justice C. Hari Shankar and Justice Vinod Kumar held that the Central Administrative Tribunal (CAT) erred in finding Manish Kumar ineligible for recruitment to the Civil Engineering Service. The court underscored that the Government of India had formally certified Kumar as having a 45 per cent locomotor disability through a Unique Disability ID (UDID) card.
Citing the precedent established in Om Rathod v Director General of Health Services, the high court affirmed that authorities cannot subject an individual holding a valid disability certificate to a medical examination intended to reach conclusions contrary to the existing certificate.
Exam Clearance and Medical Assessment
The Union Public Service Commission (UPSC) issued a notification on September 28, 2016, for the Engineering Services Examination (ESE) 2017. Kumar applied under the physically handicapped category and went on to clear the preliminary examination, the mains examination, and the personality test.
Following the tests, a Railway Board medical examination took place, and an appellate medical board concluded that Kumar suffered from neurological conditions consisting of Generalized Dystonia with Myoclonus and Dysarthria.
Citing the board’s findings, authorities issued a show-cause notice on February 12, 2018, asking Kumar to explain why he should be treated as a candidate with disabilities, asserting that his diagnosed condition was not an identified disability under the Engineering Services Examination Rules, 2017.
Administrative Disqualification and Appeal
In his reply to the notice, Kumar noted that he possessed three disability certificates, including evaluations issued by Govind Ballabh Pant Hospital and the Institute of Human Behaviour and Allied Sciences. He also pointed to documentation showing that his neurological condition affected his speech, which fell under the definition of a physical disability under the Rights of Persons with Disabilities Act, 2016.
The Railway Board dismissed his explanations in March 2018 and cancelled his candidature, stating that Generalized Dystonia with Myoclonus and Dysarthria had not been identified as suitable for any post or service filled via the examination.
Kumar contested the cancellation before the Delhi High Court, which transferred the petition to the CAT in 2019. The tribunal subsequently dismissed his plea, ruling that his condition disqualified him from an appointment in the civil engineering branch. The Railway Board later maintained that position before the high court, defending the tribunal’s rationale.
Judicial Findings on Locomotor Disability
Appearing for Kumar, advocates Aman Jain, Rahul Jain, and Sarah argued that the central government had already recognized Kumar’s condition as a 45 per cent locomotor disability through his UDID card. His counsel stated that the underlying medical records clearly showed that his neurological ailment restricted his movement and physical functioning, bringing him within the scope of a June 1, 2001 notification issued by the Ministry of Social Justice and Empowerment.
The high court agreed with the petitioner’s arguments, observing that the medical certificates established that Kumar’s condition impaired his mobility and movement-related tasks. The bench pointed out that the Ministry of Social Justice and Empowerment’s June 2001 notification specifically classified functional limitations stemming from afflictions of the musculoskeletal or nervous system under the category of locomotor disability, thereby rendering the cancellation of his candidature invalid.
