CSE rule declaring persons who had undergone organ transplant unfit for selection is archaic

Kosha Doshi | Symbiosis Law School, Pune | 30th March 2020

Udbhav Kumar Jain v. High Court of Delhi & Anr. [Writ Petition (civil) 13807/2019 CM no. 55473/2019; High Court of New Delhi]

Facts:

            The present case is when the petitioner, Udbhav Kumar Jain had cleared the Delhi Judicial Services Exam and had eventually been called for a medical examination. When the medical examination was conducted, the candidature of the petitioner, Udbhav Kumar Jain was rejected on grounds that he had undergone a renal transplant. This transplant disqualifies him under Clause 17 of Appendix III of the Civil Services Examination (CSE) Rules. 

            The clause 17 of Appendix III of the Civil Services Examination (CSE) Rules states that all candidates who have had transplanted organs should be declared “unfit”, exception being corneal transplant. On the basis of this clause the RML Hospital declared the petitioner, Udbhav Kumar Jain as ‘unfit’ as he had undergone a renal transplant in the year 2015. Udbhav Kumar Jain argued that although he had undergone a renal transplant in the year 2015, he was now leading a normal life along with prescribed medications. Further, an argument was put forth that transplant could not be the only reason for his disqualification. 

            Udbhav Kumar Jain’s present condition has no bearing on the discharge of duties and responsibilities that the petitioner would be required to perform as a judicial officer. Arguing that medical science had not advanced when the clause has been framed. Medical science lacked permission of organ transplantation with success and clarity which has now developed over the years. The Parliament had enacted the Transplantation of Human Organs Act, 1994 in order to regulate the organ transplantation, this was also referred to for establishment by the petitioner. 

Issue:

            Whether a candidature of Delhi Judicial Services aspirant can be rejected on grounds that he/ she had undergone a renal transplant? 

Judgment:

            The High Court of Delhi held that candidature of Delhi Judicial Services aspirant can not be rejected on grounds that he/ she had undergone a renal transplant. During the directions against the rejection of the candidature, the Division Bench comprising of Justice Vipin Sanghi and Justice Sanjeev Narula viewed that provisions in Civil Service Examination Rules declaring persons having transplanted organs as unfit for candidature as an archaic provision. 

            The court observed that Clause 17 of Appendix III of the Civil Services Examination (CSE) Rules provides that all candidates having transplanted organs should be declared ‘unfit’ except corneal transplant, is an archaic rule. This archaic rule cannot stand in the times of medical advancements which are for increasing the efficiency of a person. The rules were framed in the year 1964 and medical science has advanced since then. The provision can no longer be justified in the light of the medical advancements made over the decades.
            It was directed by the court that the respondent shall not reject the candidature of the petitioner, Udbhav Kumar Jain. The court stated that right to life and liberty of a person cannot be denied or depleted only on account of his medical condition, when such medical condition is not such as to interfere with his normal functioning on the post for which he has offered his candidature and he has been found to be otherwise competent for the selection.