Tribunals and CommissionsDivision Bench(2020) 09 CAT CK 0049

Dr. Dhanya Susan Joseph vs Union Public Service Commission & Others

Central Administrative Tribunal · Decided on 11 September 2020

HON’BLE JUDGES
R.N. Singh, Member (J) · Aradhana Johri, Member (A)
RESULT
Dismissed
CASE NUMBER
Original Application No. 1265 Of 2020, Miscellaneous Application No. 1575 Of 2020

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Judgment

9 paragraphs · 411 words

L. Narasimha Reddy, J

1.

The applicant states that she is a qualified doctor and is in government service. It is stated that from the year 2017, she was getting prepared for Civil Service Examination (CSE), but unfortunately, she got infected with a disease known as "immune mediated pandysautonomia" and that in the recent past, she recovered from it. According to her, the persons, who suffered this disease, are prone to infection, particularly of the types of COVID-19 and though she registered herself for CSE, 2020, she may not be able to appear in the examination.

2.

This OA is filed with multiple prayers. First is that she must be treated as within the age limits for the CSE, 2021. The second is that she may be permitted to take the CSE Examination 2020 from her home at Kochi.

3.

We heard Sh. Aditya Chatterjee, learned counsel for the applicant, Sh. Hanu Bhaskar, learned counsel for respondent no. 1 and Sh. R.V. Sinha, learned counsel for respondent no. 2.

4.

The applicant has virtually claimed a relief which is speculative in nature. She has registered herself as a candidate for CSE, 2020. The examination is scheduled to take place in October, 2020. It is not clear as to whether she is going to take part in the examination or not. However, she wants her candidature for CSE, 2021 to be secured or guaranteed, despite the fact that she crosses the age limit, as stipulated under Rule 6 of CSE Rules.

5.

Rule 6 of CSE Rules itself provides that relaxation of age limits in respect of different categories, upto certain extent. We find that there is no provision for relaxation of age limits in favour of any particular individual, howsoever, the hardship or the justification may be. Assuming that the applicant is suffering from any disability on account of which she is not able to perform in the CSE of the current year, one cannot help the situation. It is fairly well settled that the Courts cannot grant relief, which is speculative in nature. In case, the applicant has got any legal right to take part in the CSE, 2021, she has to work out the remedies as and when the notification is issued. The relief cannot be granted in anticipation.

6.

We do not find any merit in the OA and the same is accordingly dismissed.

7.

M.A. No.1575/2020 stands disposed of.

There shall be no order as to costs.