D.G.R.PATNAIK - (1.) PRAYER in this writ application has been made by the petitioner for a writ in the nature of mandamus commanding upon the Respondent No. 1 -J.P.S.C. to order for fresh medical examination of the petitioner, who had qualified for the post of Administrative Service in 2nd Combined Civil Services Examination (Mains) under the reserved quota of handicapped candidates.
(2.) MR . R.S.P. Sinha, learned senior counsel appearing for the petitioner explains that the petitioner had applied under the Reserve quota of handicapped candidates for the post of Administrative service and had categorically submitted his Certificate that he suffers from hearing impairment. The petitioner had qualified in the Mains Examination as per the result published by the J.P.S.C. (Annexure -2). The petitioner was, thereafter referred for his medical examination before the Medical Board. The petitioner had appeared on the date fixed before the Medical Board. But the Board did not examine the petitioner's ear to assess and confirm the fact that the petitioner has been suffering from hearing impairment and is therefore a handicapped person. On the basis of the Report of the Medical Board though the results in respect of the examination have been published and the petitioner has been found disqualified but one post under the reserved category quota for handicapped persons is still lying vacant as per the petitioner's information. Referring to the counter affidavit submitted by the Civil Surgeon, Ranchi (Respondent NO.2), learned counsel explains that in Para -6 of the counter affidavit, the Civil Surgeon has categorically admitted that the J.P.S.C. had made available the medical examination forms to the office of the Civil Surgeon and he was asked to examine the candidates under the heading mentioned in the forms. It is further submitted that no column was mentioned in the form for examination of ears and, therefore, no report concerning the examination of the petitioner's ear could be recorded, nor was the petitioner's ear examined.
(3.) IT is apparent from the submissions made by the petitioner in his original application that he had applied for the post under the reserved quota for handicapped persons and as explained by the learned counsel for the petitioner, he had also annexed the Medical Certificate (Annexure -5) regarding his hearing impairment. It also appears from the Results (Annexure -2) as published by the Respondent No. 1 -J.P.S.C. that the petitioner had qualified in the Mains Examinations in the category of handicapped candidates. It was therefore, incumbent upon the Respondents to medically examine and verify whether the petitioner, suffers from any hearing impairment and suffers from the disability declared by him. In absence of any examination, as admitted by the Respondent NO.2, the medical examination of the petitioner is apparently incomplete and it cannot be a basis for eliminating him on the plea that the ground of being a handicap person, has not been substantiated medically.;