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2023 Supreme(Del) 5516

V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Rathod Anil – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr.Rajshekhar Rao, Sr. Advocate with Mr.Siddhant Buxy, Mr.Arijeet Shukla, Mr.Dushyant Kaul, Mr.Yashraj Samant and Mr.Krishna Sumanth, Advocates, for the Petitioner.
Mr.Sushil Raaja, Sr. PC for UOI.

JUDGMENT

Anoop Kumar Mendiratta, J.

1. The challenge in this writ petition is to orders dated April 07, 2021 passed in O.A. No.1559/2020 and July 12, 2021 passed in R.A.No. 38/2021 by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as "Tribunal") whereby the O.A. as well as R.A. preferred by the petitioner were dismissed.

2. In brief, petitioner (a Mechanical Engineering graduate from NIT, Surathkal, Karnataka) appeared for Engineering Services Examination (ESE), 2018 conducted by UPSC for recruitment to various Engineering posts and services in the Government of India as an Orthopaedic Disabled (OH) candidate. Petitioner was recommended successful by the UPSC to the `Engineering Services in Mechanical Engineering' in the PH1 (Orthopaedic Handicapped) category. On medical examination of the petitioner by the Railway Medical Board on November 26, 2018, he was informed vide letter dated December 21, 2018 that the Medical Board found him `unfit for all services on account of disability of both lower limbs (BL)', for which the PH vacancies were not identified as per Annexure-I of ESE Rules, 2018.

3. As provided under Rules, petitioner preferred an

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