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Fit for Work, Not Fit Into a category – Bombay HC Protects UPSC Selected Candidate with Disability

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Judgment dated 3.11.2026 of the High Court of Bombay in Writ Petition No.2665 of 2025 of Teklal Kumar Das   Vs.  The Secretary, Union Public Service Commission and others

The Petitioner holds a M.Sc. in Applied Geophysics, completed on 20th August, 2022 and belongs to the Scheduled Caste category. The Petitioner as per his latest Medical Certificate dated 9th April 2024 is certified to be 55% physically handicapped person.

Three vacancies of the post of Geophysicist Group A were reserved for Locomotor Disability or Cerebral Palsy.   The petitioner had applied for the said post.

The final result was declared by Respondent No.1-UPSC on 31st January, 2023 where the Petitioner’s name was recommended by the Respondent No.1- UPSC for the post of Geophysicist (Group ‘A’) in Geological Survey of India under Ministry of Mines (Government of India).  However, after medical examination, the Ministry of Mines had informed the petitioner that he Is not considered for non-fulfilment of functional requirement of the post.

The functional requirement that disability should be of one leg, however, the Petitioner’s disability as per the finding of the CSMB was both legs (55%) and accordingly, his candidature was not considered.

What is quint essential in such cases a specific finding by an expert/medical board as to whether the candidate/person concerned is Fit for the present post qua the functional requirements of the such post.

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