VidhiSangh

Supreme Court of India · 14/09/2017

RIMA TAIPODIA versus ARUNACHAL PRADESH PUBLIC SERVICE COMMISSION & ORS.

[2017] 9 S.C.R. 524 · 2017 INSC 911

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Summary

An appointee challenged an order requiring State Medical Board assessment of disability for a post requiring at least 40 per cent disability. Earlier certificates had not been issued by that Board; examination directed during the appeal assessed 33.9 per cent. The Court rejected reliance on improvement from an earlier certificate presented as permanent, dismissed the appeal and directed lawful consequential action by the State.

Issues

  1. Whether the appointee established the required disability through the competent Medical Board.
  2. Whether alleged improvement could explain a lower assessment where the earlier certificate had no limited validity.
  3. What further assessment and appointment action should follow.

Provisions considered

Held

Result

Appeal dismissed, without costs. State directed to take immediate lawful consequential action, including replacement by respondent 3 if entitled; further medical assessment unnecessary unless review sought.

Judgment PDF: Supreme Court of India, [2017] 9 S.C.R. 524.