New Delhi: The Supreme Court has directed the Jharkhand Public Service Commission (JPSC) to conduct a fresh medical examination for a Scheduled Tribe candidate who was denied selection in the state civil services owing to confusion in the notification.
A bench of Justices Vikram Nath and Sandeep Mehta allowed a special leave petition (SLP) filed by Shreya Kumari Tirkey, challenging the Jharkhand High Court’s decision that had upheld the rejection of her candidature by the JPSC.
In its order, the Justice Vikram Nath-led Bench noted that the petitioner-Tirkey had cleared all stages of the exam – prelims, mains, and interview – but failed to appear for the medical test, as she believed that interviews and document verification ended on May 16, 2022 and expected her medical examination to be on May 17, 2022.
As per the JPSC’s press advertisement, the interviews were scheduled from May 9-16, 2022, with medical examinations scheduled for the following day at Sadar Hospital, Ranchi.
“The meaning of the words ‘medical examination of the candidates participated in the interview is fixed for next day’ does give rise to a genuine doubt as to what is the day on which the candidate is expected to appear,” the bench observed.
The apex court stressed that the absence of clarity in the instructions should not result in such a disproportionate penalty.
“Medical examination is conducted to only assess the physical fitness of a candidate and their suitability for the job, and is not an assessment on merit of the candidate. We therefore fail to understand why would the appellant intentionally omit to appear for medical examination and thus, be punished so disproportionately as has been done in this case,” it said.
“Even if it is accepted that the appellant was negligent in not being available for medical examination as per prescribed schedule, the appellant deserves to be dealt leniently,” it added.
In its order, the Supreme Court, highlighting the government’s duty as a model employer, observed: “To uphold the constitutional promise by uplifting individuals belonging to marginalised communities, such procedural hurdles must not be resorted to cause further hardship and injustice. The goal is upliftment and not finding out ways to reject them at the very threshold.”
The Supreme Court directed the JPSC to conduct a fresh medical examination for the petitioner. “In case the appellant successfully qualifies the medical examination… we further direct the respondents to create a supernumerary post for appointment of the appellant,” it ordered.
The bench added that the petitioner would be entitled to continuity of service from the date the last selected candidate joined following the selection process, but she would not be entitled to back wages.
(IANS)
