Case Law Analysis

Notified Vacancy-Specific Disability Criteria Prevail Over General Medical Board Classification | Geologist Recruitment : CAT (Principal Bench)

The CAT Principal Bench held that candidates seeking reservation under the PwD quota must strictly meet the exact locomotor disability specifications (One Arm/One Leg) notified in the recruitment advertisement; a general medical board certification for a different disability category (both legs affected) does not qualify the candidate for the reserved post.

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Oct 24, 2026, 12:07 AM
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Notified Vacancy-Specific Disability Criteria Prevail Over General Medical Board Classification | Geologist Recruitment : CAT (Principal Bench)

The Central Administrative Tribunal, Principal Bench, New Delhi, has allowed an Original Application filed by a candidate who cleared the Combined Geo-Scientist Examination, 2020, but was denied appointment to the post of Geologist in the Geological Survey of India on the ground that his disability did not match the functional classification notified in the advertisement. The Tribunal, acting on a remand from the Delhi High Court, accepted the medical opinion of a board constituted at AIIMS, New Delhi, which found the applicant to have 52% permanent physical impairment in the right lower limb only, thereby meeting the One Leg (OL) affected criterion. The Tribunal quashed the rejection order, directed re-appointment with consequential benefits, but denied back wages on the principle of no work no pay.

Case Details

Vikas Kumar vs Mines

Judgment
Court
Central Administrative Tribunal
Date
2026-10-21
Case Number
OA No. 179/2023
Bench
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J), Hon'ble Dr. Sumeet Jerath, Member (A)
Counsel
Pet: Mr. Saurabh Bhargavan, Mr. Chinju Saurabh
Res: Mr. R. V. Sinha, Mr. A. S. Singh, Ms. Shriya Sharma, Ms. Jyoti Garg, Mr. S. N. Verma, Mr. Pradeep Kr. Sharma

Frequently Asked Questions

The principle of reasonable accommodation imposes a positive obligation on the State to provide additional support to persons with disabilities to facilitate their full and effective participation. It goes beyond non-discrimination and requires substantive equality, as held in Vikas Kumar v. UPSC (2021) and Jeeja Ghosh v. Union of India.
The medical opinion of AIIMS, New Delhi, being the country's premier medical institution, overrides and takes precedence over all other medical opinions, including those of the DGHS, Ministry of Health and Family Welfare, and other medical boards such as Safdarjung Hospital or district medical boards.
Yes. The AIIMS medical board found 52% permanent physical impairment in the right lower limb with minimal impairment in the left leg not affecting any activities. The Tribunal held this meets the OL criterion, as the left leg impairment is not adverse.
No. The Tribunal directed re-appointment with consequential benefits like seniority and pay fixation but denied back wages on the principle of 'No Work No Pay', as the applicant did not render any service during the period.
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Disclaimer

This article is for informational purposes only and does not constitute legal advice. The views expressed are based on the judgment analysis and should not be taken as professional counsel. Please consult with a qualified attorney for advice specific to your situation.