CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00359/2023
DATED THIS THE 12TH DAY OF JULY, 2024
HON'BLE MRS. JUSTICE S SUJATHA ...MEMBER(J)
HON'BLE DR. SANJIV KUMAR ...MEMBER(A)
Shri Ravi Shankar Singh,
S/o Hari Narayan Singh,
Aged about 31 years,
Employment: Teacher,
R/a Village Post-Katariya,
Police Station,
Agion Bazar, Bhojpur,
Bihar-8022O2
...Applicant
(By Advocate, Ms. Shravani Sharma represents M/s. M.G. Kumar Law firm.)
Vs.
The Union of India,
Through Ministry of Railways,
Rep. By the General Manager,
Gadag Road,
South Western Railways,
HUBLI -580020.
The South Western Railway,
Rep. By the Divisional Railway Manager,
Bangalore Division, Divisional Office,
Personnel Branch,
Bengaluru-560023.
The Railway Recruitment Board,
Rep. By the Chairman,
No.18, Millers Road, Bangalore (Cantonment),
Karnataka -560046.
The Principal Chief Medical Director (PCMD),
Headquarters Office, Medical Department,
Old GM's Office, Club Road,
Keshwapur,
Hubli- 580023.
...Respondents
(By Advocate, Shri S. Sugumaran for Respondents)
ORDER (ORAL)
Per: Justice S. Sujatha ……………..Member(J)
The applicant has filed this application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
“Set aside the impugned Order dated 04.05.2023 vide Annexure Al, MD.141/ME/ Employee/2023 and direct the Respondents to appoint the Applicant as the Station Master, Bangalore Division, South Western Railway with all consequential benefits.
Direct the Respondents No.4 to consider the Appeal for re-medical examination.
Direct an enquiry into the Railway recruitment procedure followed as false and malicious orders are passed rendering the Applicant's career handicapped forever.
Impose cost on the Railway Recruitment Board, Respondent No.3 for the mental harassment caused to the Applicant and direct Respondents to pay damages for the costs and expenses incurred.
Any other relief which this Hon'ble Court deems fit and proper may also be awarded to the applicant."
2. The facts in brief as narrated by the applicant are that pursuant to the Advertisement CEN No.1/2019 for recruitment in the South Western Railways for various posts across different levels issued by the Railway Recruitment Board, the applicant appeared in the Preliminary examination and cleared the examination. Subsequently, the applicant was called for Mains examination for Level-2 to Level-6. The applicant qualified for the post of Goods Guard, Senior Commercial cum Ticket Clerk (Level-5) having secured 85 marks and also qualified for the post of Station Master having secured 79.66 marks in Level-6. He was short listed based on his performance in the Computer Based Aptitude Test for verification of documents/certificates/mark sheets. The applicant was subjected to medical examination, which was conducted between 29.10.2022 to 08.11.2022 in Central Hospital, Hubballi. The applicant was declared unfit in all medical standards vide intimation dated 24.11.2022 and he was informed that he has Bilateral Flat Foot. The applicant approached Doctors at Shah Accident Hospital, Pune, BJGMC and Sassoon General Hospital, Pune and Narayan Health Care, Patna, wherein, the Doctors certified that the applicant does not have Bilateral Flat Foot. Accordingly, the applicant filed an appeal against the intimation dated 24.11.2022 to Respondent No.4 praying for re-medical examination and submitted three certificates issued by the specialist Doctors. Respondent No.4 rejected the request of the applicant for re-medical examination and declared the applicant unfit for Aye Two and below medical categories due to Bilateral Flat Foot. Being aggrieved, the applicant has preferred this OA.
3. Learned Counsel Ms. Shravani Sharma appearing for the applicant submitted that the applicant got tested from various other Orthopedics Doctors from Bengaluru Medical College and Research Institute, Karnataka Institute of Medical Sciences, Hubballi, All India Institute of Medical Sciences, Patna, Indira Gandhi Institute of Medical Sciences, Patna, Patna Medical College Hospital and Narayan Medical College and Hospital, Jamuhar, apart from the specialized doctors who had issued the certificates placed before the Respondent No.4 along with the appeal. All of them have opined that the applicant has no evidence of Bilateral Flat Foot. The applicant has also relied on the X-Ray annexed as Annexure A27 to the OA. Learned Counsel further submitted that the applicant was not only declared medically unfit to the post of Station Master, but arbitrarily declared unfit in all standards below medical categories without giving any opportunity for re-medical examination.
4. Learned Counsel Shri S. Sugumaran representing the respondents submitted that the Divisional Medical Committee at Hubballi consisting of ACMS/ME/UBL. ACHD/Physician/ CH/UBL, DMO/Ortho/CH/UBL & CMS/UBL, as Chairman, examined the applicant, based on the recommendation of the DMC and the records available, the appeal for re-medical examination was not considered by the Competent authority. No objective records such as X-Ray etc. was placed on record by the applicant to establish that he has no Bilateral Flat Foot. Learned Counsel further submitted that medical examination has been carried out as per guidelines given in IRMM, 2000.
5. Having heard the learned Counsel appearing for the parties and perusing the material on record, it is evident that rejection of the appeal filed by the applicant for re-medical examination is, mainly for the reason that no objective records showing absence of Bilateral Flat Foot of the applicant were produced along with the medical certificate submitted by the candidate, whereas as per X Ray done on 31.10.2022, the applicant is having Bilateral Flat Foot, a non-correctible deformity. The said X-Ray was not made available to the applicant despite his request. As per the procedure prescribed for appeal provided in CEN No.01/2019, the appeal for re-medical examination will be entertained only if the candidate produces a certificate in the attached prescribed format (Proforma 'A') from a Government or Private Doctor from Speciality/Specialities, in which the candidate has been found unfit. It is the argument of the learned Counsel for the applicant that based on such procedure prescribed, the applicant has not furnished the records such as X-Rays etc. But the same is placed before this Tribunal. This Tribunal is not having any expertise to analyze the X-Rays or the photos and the medical certificates produced by the applicant.
6. In the circumstances, we are of the considered opinion that the interest of justice would be sub-served in directing the Respondent No.4 to consider the applicant for re-medical examination and provide an opportunity to produce the objective records such as X-Ray etc., to the applicant to establish his case, i.e., absence of Bilateral Flat Foot along with the fresh medical certificates, if any, apart from the certificates already submitted. Accordingly we pass the following:
ORDER
1) The impugned order dated 04.05.2023 issued by the Chief Health Director for Principal Chief Medical Director (Annexure Al) is set aside.
2) Respondent no.4 is directed to re-consider the appeal of the applicant for re-medical examination subjecting the applicant to re-medical examination.
3) The applicant is at liberty to appear for re-medical examination on the date fixed by Respondent No.4 with all the objective records in support of his case.
4) Compliance shall be made in an expedite manner, in any event, not later than eight weeks from the date of receipt of the certified copy of the order.
5) OA stands disposed of in terms of above.
No order as to costs.
(DR. SANJIV KUMAR) (JUSTICE S. SUJATHA)
MEMBER(A) MEMBER(J)