bmi: Failed 8 years ago by high BMI, Supreme Court lets candidate join civil services | India News – Times of India

NEW DELHI: In a unique case, the Supreme Court on Tuesday used its omnibus Article 142 powers to allow a man, who succeeded in civil services examination 2014 but was found unfit because of a high body mass index (BMI), to become an IAS officer after eight years.
K Rajashekhar Reddy had succeeded in CSE-2014 in his fifth and last attempt. His medical examination revealed a BMI of 32 as against the mandatory requirement of BMI of 30 or less for a candidate to join civil services. He was put under the ‘temporarily unfit’ category. On July 4, 2015, the final CSE-2014 list recommended 1,236 candidates in the order of their merit for appointment to various services of Group ‘A’ and Group ‘B’ but Reddy’s name was not included. But, it figured in the reserve list published on January 19, 2016.
As per the CSE rules, a candidate placed in such a category should provide a medical fitness certificate within six months. Reddy made a representation on March 9, 2016 for re-medical examination, which was rejected as it was beyond the stipulated six month deadline.
Considering that it was the fifth and last attempt of Reddy, the SC had on April 6 last year asked the authorities to re-examine him medically. On re-examination, Reddy was found medically fit, albeit after six years.
A bench of Justices Ajay Rastogi and Vikram Nath agreed that Reddy’s case for medical re-examination was time barred. But given the catch-22 situation in which the candidate found himself, the bench resorted to use of omnibus powers under Article 142 of the Constitution to do complete justice.
Writing the judgment, Justice Rastogi said, “This Court consider 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 of 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.”

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