Supreme Court Allowed Man To Become IAS Officer After 8 Years




For doing complete justice in a unique case, Supreme Court on June 14, 2022 used its powers, under Article 142 of the Constitution of India, to allow a man to become an IAS officer after eight years, who cleared the civil services examinations in 2014, but was found unfit because of a high body mass index (BMI). 

Article 142 of the Constitution of India speaks about "Enforcement of decrees and orders of Supreme Court and order as to discovery, etc.". In this Article, The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament.

The name of person is Mr. K Rajashekhar Reddy who succeeded in CSE-2014 and his medical examination revealed a BMI of 32 whereas the mandatory requirement of BMI is 30 or less for a candidate to join civil services. Accordingly, his name was not in the list of candidates recommended by the concerned authority and was kept in the reserved list.

As per the rules of CSE, a candidate should provide a medical fitness certificate within six months from the date he is placed in such a category of reserved list.

As it was fifth and last attempt of Reddy, the Supreme Court asked the authorities to re-examine him medically and on re-examination, he was found medically fit, after six years.

Supreme Court resorted to use the powers under Article 142 of the Constitution of India to do complete justice and and considered it appropriate to direct that based on the re-medical fitness report, the Union government may consider Reddy for appointment as per his placement in the consolidated reserve list originally published in CSE 2014 on January 19, 2016, subject to police verification, with all notional benefits including seniority, pay scale and other consequential benefits but not the actual salary for the period for which he has not worked, within a period of four weeks from today. 

Article Written By: Mr. Raman Sharma (CS, LLB, DIM, B.Com)

Contact: barristerramansharma@gmail.com 

 

   

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