Satnarayan vs Union Of India And Ors

Mohd. Jamshed, Member (A)

In  response  to  Employment  Notice  No.  220- E/Open/Mkt/RRC/2013 dated 30.12.2013 issued by Railway Recruitment Cell (RRC), Northern Railway (NR), New Delhi for filling up of total 5679 vacancies, including the vacancies reserved for handicapped persons, the applicant applied for the same in the handicapped quota, being Visually Handicapped (VH) candidate. The applicant qualified the written examination held on 23.11.2014 and was called for medical examination. The applicant was having 100% disability and was shortlisted in the VH candidate category. However, no intimation was given to him during or after the medical examination.

The  respondents  declared  the  results  on RRC website declaring the applicant "medically unfit for all categories". The applicant sought clarifications regarding his rejection in the selection under the provisions of Right to Information (RTI) Act, 2005 through his application dated 16.11.2015 and 26.11.2015. However, no reply was given by the respondents. It is submitted by the applicant that he made a representation dated 05.12.2015 seeking medical re-examination but no action was taken by the respondents. The applicant contends that the respondents have not followed the provisions of Railway Board's Circular No. 2014/H/8(Policy) dated 05.06.2014 for conducting his medical re-examination. He has also cited the orders passed in OA No. 2720/2013. Aggrieved by the action on the part of the respondents, the applicant has filed the present OA seeking the following relief(s):-

"(a) To allow the OA and quash the impugned order dated 30.10.2015 with all consequential benefits; and further direct the respondents to conduct remedial examination by the Medical Board and consequently release the appointment as per merit.

(b) To pass any other or further order or direction which the Hon'ble Tribunal deem fit and proper in the interest of justice."

The interim relief prayed for by the applicant was not granted by the Tribunal. However, vide order dated 19.02.2016, the respondents were directed that any selection made by the respondents will be subject to the outcome of this OA. The primary contention of the applicant is regarding non conduct of medical re-examination by the Medical Board.

The respondents in their counter affidavit have opposed the OA indicating that the applicant failed to prefer an appeal against the initial medical examination to the Chief Medical Director, Northern Railway within one month of the declaration of the result in terms of Railway Board's letter No. 2014/H/5/8 (Policy) dated 31.12.2015 issued as a corrigendum to the letter of even number dated 05.06.2014. In Para 4.4. of the counter affidavit, the respondents stated as under:-

" The applicant was declared unfit physically handicap quota (V.H.) due to severe Hypertension (170/110 mm Hg) with left ventricular Hypertrophy with Grade I systolic murmurs in mitral area and tricuspid murmur on 2 D. Echo. Severe hypertension along with cardiac disease renders a candidate unfit as per IRMM 2000."

It has been reiterated in the counter reply that the candidate should have appealed against the result of initial medical examination within one month in terms of extant rules and since he did not do so, there is no ground for him to seek relief in this regard.

Learned counsel for the applicant relied upon the judgment passed by this Tribunal in OA No. 4216/2015 dated 27.09.2016 and OA No. 383/2016 dated 19.01.2018. Learned counsel for the respondents submitted medical report of the medical examination of the applicant and relied upon the judgment passed by this Tribunal in OA No. 390/2016 dated 06.01.2019.

We heard Mr. P.S. Khare, learned counsel for the applicant and Mr. Satpal Singh, learned counsel for the respondents.

The applicant applied under the reserved quota in reference to the Employment Notice No. 220E/open-mkt/RRC/2013 dated 30.12.2013 issued by NR. He is having 100% disability i.e. visual impairment and, therefore, applied under physically handicap quota (VH). He cleared the written examination held on 23.11.2014. He was, therefore subjected to a medical examination in terms of the extant rules. The respondents rejected his candidature declaring him "medically unfit for all categories". No clarifications were provided in response to the queries sought by the applicant under the RTI, Act. The applicant also claims to have submitted an appeal dated 05.12.2015 for medical re-examination. However, the respondents denied having received such an appeal from the applicant. The applicant has relied upon the Railway Board's Circular dated 05.06.2014 regarding consideration of appeal of candidate declared unfit upon medical examination and also the Advance Correction Slip No. 1/2014 of Para 522 of IRMM, 2000, regarding the same. The relevant paras of Railway Board's circular dated 05.06.2014, read as under:-

" The matter has been considered at length in Board's Office and the following guidelines are laid down for medical examination of candidates for non-Gazetted posts, disposal of their appeals and other representations submitted to higher authorities:-

(i) Medical Examination - Medical examination of candidates will be done by a Medical officer with adequate experience in doing medical examination and one specially nominated by the CMO/CMS/MD/ACMS in charge.

(ii) If a candidate has been found to be unfit on grounds of vision/colour vision/hypertension/diabetes or any other condition/ disease, the medical examiner will not issue any certificate and will put up his/her findings to the CMO/MD/CMS/ACMS in charge of the unit/Division/Sub-division/production Unit.

(iii) The candidate, without having to submit any appeal, will then be immediately examined by a three member standing medial team consisting of 1) a specialist in the field; however if the specialist is not available within the Unit/Division/Production Unit, a senior doctor would be nominated in place of a specialist 2) the medical officer who has conducted the first medical examination and 3) the third being a senior medical officer speciallynominatedbythe CMO/CMS/MD/ACMS in charge."

The relevant paras of Advance Correction Slip to para 522 of IRMM, 2000, read as under:-

"(i)   Medical   Examination   -   Medical  examination of candidates will be done by a    Medical    officer    with    adequate  experience in doing medical examination  and  one  specially  nominated  by  the  CMO/CMS/MD/ACMS in charge.

(ii) If a candidate has been found to be unfit on grounds of vision/colour vision/hypertension/diabetes or any other condition/ disease, the medical examiner will not issue any certificate and will put up his/her findings to the CMO/MD/CMS/ACMS in charge of the unit/Division/Sub-division/production Unit.

(iii) The candidate, without having to submit any appeal, will then be immediately examined by a three member standing medial team consisting of 1) a specialist in the field; however if the specialist is not available within the Unit/Division/Production Unit, a senior doctor would be nominated in place of a specialist 2) the medical officer who has conducted the first medical examination and 3) the third being a senior medical officer specially nominated by the CMO/CMS/MD/ACMS in charge."

Learned  counsel for  the  applicant  argued that the applicant is 100% visually impaired and, therefore, he rightly applied in physically handicap category (VH). However, he has been declared "unfit in all categories". No re-examination has been undertaken in terms of above mentioned circular which prescribes that no appeal is required for further examination by a three member Standing Medical Team.

Learned counsel for   the respondents  reiterated  the  points  made  in  the  counter  reply submitting that the applicant should have applied for re-examination within a period of one month of declaration of medical result in terms of Railway Board's  circular dated 05.06.2014 seeking re- medical examination.

It is not the case of the applicant that his visual impairment was in question. It is that he has been declared unfit for all medical categories on the basis of severe hypertension along with cardiac disease etc. His visual impairment is, therefore, not in question. The applicant has been declared "unfit in all categories" because of his visual impairment which is 100% and also hypertension and other symptoms of cardiac disease. Railway Board's policy circular dated 05.06.2014 quoted above very clearly lays down that if a candidate had been found to be unfit on the grounds of vision/colour vision/hypertension/diabetes or any other condition/disease, the medical examiner will not issue any certificate and will put up his/her findings to the CMO/MD/CMS/ACMS in charge. It is further clarified in para-III of the circular that the candidate, without having to submit any appeal, will then be immediately examined by a three member Standing Medical Team. This aspect is also reiterated in Advance Correction Slip to para 522 of IRMM, 2000.

In the present case, the visual impairment of the applicant was not in question and he was declared medically de-categorised in view of hypertension and cardiac disease. These are primarily the grounds mentioned in Railway Board's circular dated 05.06.2014 stating that candidates found not fit on such grounds shall be subjected to medical examination by three member Standing Medical Team, without having to submit an appeal.

It is thus evident that the applicant who was declared "medically unfit for all categories" should have been subjected to medical examination by three member Standing Medical Team without submitting an appeal. This has not been done by the respondents and thus it is in violation of the extant policy directives contained in Railway Board's letter dated 05.06.2014 and also in Advance Correction Slip 1/2014 Para 522 of IRMM, 2000.

In view of the above mentioned, we allow the OA setting aside the impugned order dated 30.10.2015 rejecting the candidature of the applicant and direct the respondents to subject the applicant to a medical examination by a three member Standing Medical Team within a period of three months in terms of Railway Board circular dated 05.06.2014 and take appropriate action on the basis of the report of medical re-examination. If the applicant is found fit in the medical re-examination he shall be extended the consequential benefits. Pending MAs, if any, shall stand disposed of. There shall be no order as to costs.