Central Administrative Tribunal Principal Bench, New Delhi O.A. No.3829/2025 Order reserved on 20.11.2025 Order pronounced on 02.12.2025 Hon’ble Mr. Manish Garg, Member (J)

Hon’ble Dr. Anand S Khati, Member (A)

NITESH MEENA VILLAGE GADI MOSMABAD POST DEHRA DISTRICT KARAULI HINDAUN CITY, K.ARAULI RAJASTHAN (322230)

...Applicant (By Advocates: Mr. Rahul Bajaj with Mr. Amritesh Mishra and Ms. Sarah)

Versus

1. THE SECRETARY UNION PUBLIC SERVICE COMMISSION DHOLPUR HOUSE, SHAHJAHAN ROAD, DELHI-110069 2. SECRETARY DEPARTMENT OF PERSONNEL AND TRAINING MINISTRY OF PERSONNEL, PG AND PENSIONS GOVERNMENT OF INDIA NORTH BLOCK, NEW DELHI

3. SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE GOVERNMENT OF INDIA NIRMAN BHAWAN, NEW DELHI- 110011

4. SECRETARY DEPARTMENT OF EMPOWERMENT OF PERSONS WITH DISABILITIES MINISTRY OF SOCIAL WSTICE &

EMPOWERMENT

5TH FLOOR, ANTYODAYA BHAWAN, COO COMPLEX LODHI ROAD, NEW DELHI 110003 …Respondents (By Advocates: Mr. S M Zulfiqar Alam for UPSC;

Mr. Jalaj Agarwal, Sr. CGSC for R-

2, 3 and 4)

O R D E R By Hon’ble Mr. Manish Garg, Member (J):

During the course of arguments, learned counsel for the applicant made a statement that he does not wish to file any rejoinder. Therefore, the matter was taken up for final hearing with the consent of learned counsel for the parties.

2. In the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following reliefs:–

“8.1 Set aside the advertisement bearing No. 08/2025 issued by respondent No. 1 to the extent that it excludes persons with both limbs affected from applying for the post of Specialist Grade III Assistant Professor in Radio Diagnosis in the reserved Locomotor Disability category.

8.2 Direct Respondent No. 4 to identify the post of Specialist Grade III Assistant Professor in Radio Diagnosis as being suitable for persons with Locomotor Disability with both limbs affected.

8.3 Direct Respondent Nos. 1, 2 and 4 to collectively work out the reasonable accommodations needed by persons with Locomotor Disability with both limbs affected for the post of Specialist Officer Grade III – Assistant Professor in Radio-Diagnosis and to give effect to the same.”

3. Brief facts of the case as narrated by learned counsel for the applicant are as under:–

3.1 The present Original Application arises out of an arbitrary and unjustified exclusion of persons with locomotor disability, both legs affected (BL), from the post of Specialist Grade III Assistant Professor (Radio-Diagnosis) advertised by Respondent No. 1 under Advertisement No. 08/2025, Vacancy No. 25060824128. It is submitted that this exclusion not only lacks any functional or statutory basis but also results in the complete denial of the applicant’s constitutional and statutory rights under the Rights of Persons with Disabilities Act, 2016 and Articles

14, 15 and 21 of the Constitution of India.

3.2 The applicant is a highly qualified medical professional with an established record of academic excellence and functional competence. She is a 70% locomotor-disabled person, suffering from Post Polio Residual Paralysis of both lower limbs, a disability of permanent nature duly certified by the competent Medical Board at Safdarjung Hospital. Despite this physical condition, she has consistently demonstrated her capability to perform all academic, clinical and teaching duties required in the specialty of Radio-Diagnosis.

3.3 It is submitted that the applicant completed her MBBS degree in 2019 from the Rajasthan University of Health Sciences and subsequently earned her Doctor of Medicine (Radio-Diagnosis) degree in 2023 from the University of Delhi. More importantly, a specialised three-member medical board at VMMC/Safdarjung issued a disability certificate specifically declaring her eligible to pursue medical education, which is an unequivocal medical acknowledgment of her functional capacity.

3.4 Learned counsel submitted that, following her post-graduation, the applicant served as