Yaduvendra Mishra vs Union Of India & Others

Tarun Shridhar, Member (A)

Heard Shri Shivam Pandey, learned counsel for the applicant and Shri Shesh Mani Mishra, learned counsel for the respondents and perused the record.

The applicant is aggrieved that he has been declared medically unfit on account of poor vision despite his having been selected for the post of Assistant Loco Pilot. Learned counsel for the applicant argues that that applicant had got himself medically examined on several occasions through authorised government medical facilities wherein his vision was declared to be perfect. He submits that there is an apparent error in the medical examination conducted by medical authorities as also the Medical Board constituted by the respondents.

Learned counsel for the respondents on the other hand points out that the applicant had preferred an appeal against the medical report of the medical examination, which declared him unfit on account of poor vision and subsequent to that he was examined by the duly constituted Medical Board, which validated the earlier medical examination finding him unfit. Learned counsel for the applicant draws attention to an order dated 06.01.2015 passed by the Principal Bench in OA No. 1941/2014 - Babu Lal Meena Vs. UOI & Ors, wherein, in identically placed circumstances, the Principal Bench had directed that there are instances wherein the medical examination conducted by different medical professionals produce different results. Therefore, in the interest of justice, another opportunity was afforded to the applicant to undergo a medical examination.

Since the entire future of the applicant is involved on the one hand and the safety of the railway passengers on the other hand, no outright relief can be granted in the instant matter. However, a direction is issued to the respondents to consider subjecting the applicant to a fresh medical examination once again through a Medical Board which may be constituted by the competent authority of the respondents in accordance with rules. Fresh Board shall be constituted and the applicant shall be subjected to a fresh medical examination for the purpose of his selection within a period of 8 weeks from the date of receipt of certified copy of this order.

With the above direction, the OA is disposed off at the admission stage.

No order as to costs.