Facts
The petitioner applied for appointment as a Geologist in the Geological Survey of India pursuant to a UPSC examination.
Source reference: p.1, para. 2–3The recruitment advertisement reserved two vacancies for persons with “Locomotive disability or Cerebral Palsy etc., OH (OA/OL)”.
Source reference: p.1, para. 2–3The petitioner relied on a disability certificate dated 7 October 2007 certifying 45% permanent locomotor disability arising from genu valgus deformity with right quadriceps weakness.
Source reference: p.2, para. 4Although he cleared all stages of selection, he was not appointed after a Medical Board constituted by the respondents assessed him as having 60% disability in both legs and found him not to meet the applicable medical standards.
Source reference: p.2, para. 5The High Court noted the discrepancy between the petitioner’s disability certificate and the respondents’ medical assessment and directed an examination by AIIMS.
Source reference: p.2–3, paras. 6–9AIIMS subsequently assessed the petitioner as having 52% permanent physical impairment in the right lower limb, with minimal impairment in the left knee and ankle that did not affect activities.
Source reference: p.3–5, para. 2Issues
Whether the petitioner’s disability status and extent of locomotor impairment entitled him to appointment against the reserved post for persons with locomotor disability.
Source reference: p.1–2, paras. 1–5Whether the petitioner’s entitlement to appointment required reconsideration in light of the AIIMS Medical Board’s report dated 16 June 2026.
Source reference: p.5, paras. 3–4Law Applied
The Court proceeded on the legal framework governing reservation and eligibility for persons with locomotor disabilities under the applicable disability legislation and recruitment conditions, while noting the reference to the certificate issued under the Persons with Disabilities Act.
Source reference: p.2, para. 4Where competing medical assessments create a material dispute regarding the nature and extent of disability, an impartial expert medical assessment may be obtained before determining entitlement.
Source reference: p.2–3, paras. 6–11No specific statutory provision or judicial precedent was expressly analysed or relied upon in the judgment.
Source reference: no citationReasoning
The conflicting assessments were material to the petitioner’s eligibility: his earlier certificate recorded 45% locomotor disability, the respondents’ Medical Board assessed 60% disability in both legs, and AIIMS found 52% permanent impairment confined principally to the right lower limb, with only minimal non-functional impairment in the left lower limb.
Source reference: p.2, para. 4–5; p.3–5, para. 2Rather than making a subjective determination on the basis of the competing medical opinions, the Court considered it appropriate for the Central Administrative Tribunal to reconsider the petitioner’s entitlement in light of the AIIMS report.
Source reference: p.5, para. 3The Court expressly left the merits open and directed that the Tribunal decide the matter independently and uninfluenced by the order under challenge.
Source reference: p.5, paras. 4–5Holding
The High Court did not itself decide whether the petitioner was entitled to appointment.
It disposed of the writ petition by directing the Central Administrative Tribunal to reconsider his entitlement in light of the AIIMS report dated 16 June 2026.
Source reference: p.5, paras. 3–5Both parties were directed to appear before the Tribunal on 31 August 2026, without seeking adjournment on that date, and the Tribunal was requested to hear and decide the matter expeditiously, having regard to the petitioner’s disability status.
Source reference: p.5–6, paras. 6–8Original Court PDF
Vikas KumarvsUnion Of India & Ors.
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