Tribunals and CommissionsDivision Bench(2022) 04 CAT CK 0312

Prathyusha M.C. vs The Union Public Service Commission & Ors.

Central Administrative Tribunal · Decided on 1 April 2022

HON’BLE JUDGES
P. Madhavan, Judicial Member · K.V. Eapen, Administrative Member
CASE NUMBER
O.A No.180/00113/2022

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Judgment

16 paragraphs · 434 words

P.Madhavan, Judicial Member

This Original Application has been filed by the applicant seeking the following reliefs:

“(A)

Compel the 1st Respondent to take up, consider and pass orders on Annexure A4 and Annexure A5 requests made by the Applicant within a time frame to be fixed by this Honourable Tribunal;

(B)

Pass such other order, direction as this Honourable Tribunal may deem fit and proper in the circumstances of the case.”

2.

The brief facts of the case are as follows: It is submitted that the applicant is suffering from the disability of Writer's Cramp. The applicant is aggrieved by the inaction of the 1st Respondent in finalising the requisite guidelines for conduct of written examinations for persons requiring scribe and/or compensatory time in tune with the directions issued by the Hon'ble Apex Court in Vikash Kumar v. UPSC & Ors. (2021) 5 SCC 370. Hence, aggrieved by the same, the applicant has approached this Tribunal praying for above reliefs.

3.

When the matter came up for consideration before this Tribunal, counsel for the applicant seeks a decision on the representations of the applicant produced at Annexure A4 and Annexure A5 on the basis of the decision of the Hon'ble Apex Court in Vikash Kumar v UPSC & Ors. (2021) 5 SCC 370.

4.

In view of the above limited relief sought, the competent authority among the respondents are directed to consider Annexure A4 and Annexure A5 representation in the light of the decision of the Hon'ble Supreme Court in Vikash Kumar v UPSC & Ors (2021) 5 SCC 370 and issue necessary guidelines in this regard within a period of 40 days from the date of receipt of a copy of this order or before the next preliminary examination going to be conducted.

5.

The Original Application is disposed of as above. No costs.

List of Annexures

Annexure A1- Copy of the Examination Notice No. 05/2022-CSP dated 02.02.2022 issued by the 1 Respondent.

Annexure A2- Copy of the email confirmation for submission of application as per Annexure A1 examination notice received by the Applicant on 11.02.2022.

Annexure A3- Copy of the said notification no. 2019/Ayush 4/Exam Ayush/KUHS dated 25.03.2019 issued by the Kerala University of Health Sciences, Thrissur.

Annexure A4- Copy of the e-mail request dated 05.02.2022 sent by the Applicant to the 1 respondent.

Annexure A5- Copy of the request dated 11.02.2022 sent by the Applicant through speed post to the 1 respondent.

Annexure A6- Copy of the medical certificate dated 10.01.2022 issued to the Applicant.

Annexure A7- Copy of the reply by the 1 Respondent in F. No. 26/839/2021-E.1(B) dated 13.12.2021.