HYDERABAD: Finding fault with the
Union Public Service Commission
 (UPSC) and the Department of Personnel and Training (DoPT) for
cancelling the IAS selection of a visually-impaired Telugu man from
Ongole in
Andhra Pradesh,
the Hyderabad bench of the
Central Administrative Tribunal
 (CAT) set aside the Centre's order and directed it to appoint
him..The tribunal also ordered that the candidate be accorded a
suitable post in line with
the merit he displayed in the Civil Services Examinations
(CSE-2016)...The bench of Justice
R Kantha Rao,
member (judicial), and Minnie Mathew, member (administration),
pronounced this judgment after hearing the petitioner, Rizwan Basha
Shaik of Ongole, who
secured an all-India rank of 48 under the visually-impaired category
in CSE 2016...As per the rules, a candidate should have at least 40%
disability in
vision to be eligible for this quota. Rizwan produced a medical
certificate stating that he has 40% disability. But after clearing the
preliminary and
main examinations, he was sent to the UPSC medical board, which
examined him and determined that he has only 30% disability..
Recommended By Colombia.He appealed before the appellate medical board
(AMB), which examined him and concluded that his disability was 40%
and declared
him eligible for selection under the visually-impaired quota...But
following a last-minute complaint by a third party alleging that the
candidate fudged
the disability percentage to secure admission, the UPSC chairman
referred the matter to an expert committee under the
Central Government Health Scheme.
..The expert committee did not clinically examine Rizwan, but reviewed
the papers and declared his visual impairment was only 30%...Agreeing
with Rizwan's
counsel Kandukuri Sudhakar Reddy, the CAT bench said the authorities
had violated their own rules. Writing the judgment for the bench,
Justice Kantha Rao
said the regulation relating to visual impairment clearly says no
appeal against the AMB will be entertained and that its decision is
final and binding...

Avinash Shahi
Doctoral student at Centre for Law and Governance JNU

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