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Rima Taipodia v. Arunachal Pradesh Public Service Commission & Ors.

Civil Appeal · 2017 INSC 911Decided 14 Sept 2017
Civil Appeal No. 12856 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

The appellant had been appointed to a Group-B post against a disability quota, relying on a certificate showing 50% disability, but that certificate had not actually been issued by the State Medical Board as required by the Persons with Disabilities Rules, 1996. The Gauhati High Court directed the appellant to undergo a fresh examination by the State Medical Board, and the appellant challenged that direction before the Supreme Court. During the pendency of the appeal, the Supreme Court itself directed the State Medical Board to examine the appellant and report back.

Decision Breakdown

The State Medical Board examined the appellant and certified the disability at only 33.9%, below the 40% minimum required for the reserved post. The Court rejected the appellant's argument that his disability had genuinely worsened or improved over time in a way that should let the older, non-Board certificate stand, holding that since the certificate relied on was not time-bound, it was meant to reflect a permanent condition, and the Board's fresh assessment governed. Finding no merit, the Court dismissed the appeal, directed that the respondent next in line (with a certified 75% disability) be appointed in the appellant's place by the State, and clarified no further medical re-examination was needed unless the appellant sought a review.

Lesson Learnt

A disability certificate for a government job quota must be issued by the properly constituted State Medical Board under the governing rules: a certificate from any other source can be set aside, and courts will defer to the Medical Board's own reassessment once conducted.

Official source (sci.gov.in)View Judgment (PDF)

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