JUDGMENT

Special leave granted.

2. Shashi Gupta was offered an appointment in the Agricultural Research Service (the Service) as Scientist Grade S in the Indian Council of Agricultural Research (ICAR). She was required to produce medical certificate of fitness from the medical board. Unfortunately she was declared unfit by the medical board and also by the appellate medical board. She challenged the medical reports by way of a civil writ petition before the Delhi High Court. The writ petition was transferred to the Central Administrative Tribunal, New Delhi (the Tribunal). The Principal Bench of the tribunal by its judgment dated February 13, 1992 quashed the medical reports and directed the ICAR to appoint Shashi Gupta to the Service as Scientist Grade S. This appeal by ICAR is against the judgment of the tribunal.

3. Shashi Guptajoined Service as Senior Computer Assistant in the Indian Agricultural Statistics Research Institute (IASRI) with effect from February 10, 1975. The said post was redesignated as Technical Assistant with effect from October 1, 1975. The ICAR constituted the Service with effect from October 1, 1975 under the Rules called The Agricultural Research Service Rules, 1975 (the Rules). Under Rule 6 of the Rules Service consists of four grades called Scientist S, Scientist I(S-l), Scientist 2(S-2) and Scientist 3 (S-3). Rule 10 of the Rules provides for initial constitution of the Service. A selection committee is required to assess the suitability of the "councils candidates" for appointment to the various grades of the Service at the initial constitution of the Service. Rule 2(1) defines "councils candidates" to mean persons specified in Schedule Ito the Rules. It is not disputed that Shashi Gupta qualified to be a "councils candidate" and as such was eligible to be considered by the selection committee for appointment to the Service as initially constituted.

4. Shashi Gupta was selected for appointment to the Service as Scientist Grade S and an offer of appointment dated October 27, 1980 was made to her. Para 7 of the letter of appointment is reproduced hereunder :-

"He/ she will be required to produce medical certificate of fitness from the Medical Board if he/she has not been already examined by such a Board while serving in his/her present post or in any other post held earlier under the Council or the Government."

Shashi Gupta offered herself for medical examination by the Central Standing Medical Board at Dr. Ram Manohar Lohia Hospital, New Delhi. She was medically examined on February 21, 1981 but was declared unfit. On her request an Appellate Medical Board for reconducting her medical examination was constituted. She was examined at the Safdurjung hospital by the Appellate Medical Board on December 16, 1982 but she was again found medically unfit for the job. Shashi Gupta submitted number of representations to the ICAR and also to the Government of India asking for third medical board and even took up the plea that she was not required to undergo any medical examination. Her representations were finally rejected by the memorandum dated July 5/8, 1986 and she was informed that it was not possible to induct her in the Service as she was declared medically unfit by the two medical boards.

5. Shashi Gupta challenged the medical reports before the tribunal on the following grounds:-

i. She had already been examined by a medical expert at the time of her appointment as Senior Computer/ Technical Assistant and as such she could not be subjected to a further medical examination at the time of her appointment to the Service.

ii. The rules governing the initial constitution of the Service did not provide for medical examination of the "councils candidates" appointed to the Service.

iii. She was declared quasi-permanent as Technical Assistant with effect from February 10, 1978 by the order dated August 9, 1983. According to her she would be deemed to be quasi-permanent on October 27, 1980 and as such was not required