J U D G M E N T

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 appeal for a second medical examination. Further, relying upon disability certificate dated January 08, 2019 from District Surgeon-cum-Medical Superintendent, District-Bidar, Karnataka, the disability was claimed only in left lower limb with no disability in the right lower limb. Petitioner also claimed to have obtained a medical certificate on December 27, 2018 from Matoshri Neurosciences Centre at Hyderabad which reflected that he had old (L) leg polioclastic disease affecting quadriceps and leg muscles.

4. Railway Board vide letter dated March 20, 2019 informed the petitioner that the Appellate Medical Board had declared him „unfit‟ for all services in PwD category on account of both legs affected.

5. Aggrieved against the findings of the first Medical Board as well as Appellate Medical Board, petitioner preferred O.A. before the Tribunal for setting aside the communication of the Railway Board to the petitioner vide letter dated March 20, 2019 declaring him unfit for Engineering Services in the Government of India on account of disability in both legs. Petitioner also prayed for treating him as Orthopaedic Disabled (OH) candidate with one leg (OL) disability of 50-55% as per disability certificate dated 08.01.2019 and consequently declare him suitable for Mechanical Engineering Services.

6. In nutshell, learned counsel for the petitioner contends that petitioner satisfies the benchmark disability having 50-55% disability in his left leg on account of PPRP (Post Polio Residual Paralysis). However, the disability certificate dated May 25, 2009 obtained by the petitioner is erroneous to the extent it certified disability in both lower limbs, which was issued to the petitioner when he was a minor aged about 15 years. Further, since the said certificate is valid for a period of ten years, the competent medical authority instead of assessing his disability again, issued the same disability certificate No.4364 dated October 30, 2018 in the format prescribed in the ESE Rules without changing the contents.

7. In support of his stand that disability is only in one leg, reliance is placed by the petitioner upon medical report dated December 06, 2018 obtained from Dr.T. Umesh, Neuro Surgeon, Matoshree Neurosciences Centre, Hyderabad, which reflects, “Neurogenic lesion involving mainly left leg”. Reliance is further placed upon medical certificate dated December 27, 2018 issued by said Dr.T. Umesh which mentioned that petitioner had old (L) leg Polioclastic disease affecting quadriceps and leg muscles and the disease was not active and was part of burnt out disease in the past. The fresh disability certificate No.08/08 dated January 08, 2019 obtained by the petitioner from the competent medical authority in his home district Bidar, is further relied to cont