Central Administrative Tribunal - Allahabad
Haricharan vs General Manager N C Rly on 8 December, 2023
Open Court
Central Administrative Tribunal, Allahabad Bench, Allahabad
This the 08th of December, 2023
Hon'ble Mr. Justice Om Prakash VII, Member (J)
Hon'ble Mr. Mohan Pyare, Member (A)
Original Application No. 788 of 2020
Haricharan age about 24 years son of Shri Babu Lal Meena Resident of
Village - Mandola, Post - Jhanjhani, District - Baran - 325221 Rajathan.
........... APPLICANT
By Advocate: Shri Rajesh Kumar and Shri P K Mishra
Versus
1. Union of India through General Manager, North Central Railway, HQ
Office, Allahabad.
2. Chairman, Railway Recruitment Board, Subedarganj, Allahabad.
3. Principal Chief Medical Director, North Central Railway, Allahabad.
..........RESPONDENTS
By Advocate: Shri Vimal Kumar Rai
ORDER
Shri Rajesh Kumar, learned counsel for the applicant and Shri Vimal Kumar Rai, learned counsel for the respondents, are present.
2. The present O.A has been filed by the applicant under section 19 of Administrative Tribunals Act, 1985 with the following reliefs:-
"a) Issue an order or direction in the nature of certiorari to quash and set aside the impugned order dated 28.10.2020 (Annexure A-1) passed by the respondent No.2.
b) Issue an order or direction to the respondents to consider the applicant for appointment on the post which qualified by the applicant with all consequential benefits.
c) Issue an order or direction to the respondents to reconsider for re-medical examination by an independent Eye Specialist Hospital or All India Institute of Medical Science.
d) Issue any other and further orders or directions which this Hon'ble Tribunal may deem fit and proper in the circumstances of the case.
e) Award the appropriate cost in favour of the applicant."2
3. The facts emerges from the O.A. are that in response to the advertisement No. CEN.1/2018, applicant applied for the post of Assistant Loco Pilot and after successful in all respect, applicant was called for document verification and medical examination which was scheduled on 25.7.2019 and 26.07.2019 respectively. Applicant attended Railway Hospital for medical examination on 26.7.2019. Respondents published a list of candidates who found applicant unfit in medical examination, in which the name of the applicant finds place at S.No. 60. Applicant preferred an appeal along with Medical certificate wherein it was declared that applicant's both eye 6/6 without glass and fit in A-1 medical categor. Respondents vide their letter dated 14.7.2020 called applicant for re-medical examination and re-medical Board has been fixed on 27.7.2020. Applicant attended Sub Divisional Hospital, Kanpur on 27.7.2020 for remedical examination. Respondent vide impugned order dated 28.10.2010 intimated the applicant that :-
"उपरो संदिभत प के संबंध म अवगत कराया जाता है िक आपका पुन: िचिक ा परी ण मेिडकल बोड ारा िदनां क 27.07.2020 को CMS Office/SDH/Kanpur म संपंन होने के उपरां त मेिडकल बोड की रपोट को मु ख मु िचिक ा िनदे शक, उ र म रे लवे, यागराज ारा ीकृत कर िदया गया है , जो िन है-
"The candidate is UNFIT in Aye One (A-1), as per Para 512 (1) (A) of IRMM-2000."
चूंिक ारं भ म भी आपका िफटने स UNFIT FOR A1 था इससे होता है िक आपके िफटने स म कोई प रवतन नही ं आ है । अत: आपकी अपील पर कायवाही पूण मानते ए आपकी अपील का िन ारण कर िदया गया है ।"
After declaration of medical unfit in vision by the Railway, applicant contacted to Dr. Suresh Kumar Pandey, Ophthalmologist, Suvi Eye Hospital, Kota and he checked the eye of applicant and issued a report in which applicant again found fit in Category A-1.
4. Counter Affidavit has been filed by the learned counsel for the respondents, stating therein that applicant was selected for Assistant Loco Pilot and in the medical examination, he was fund sub-standard distant vision in both eyes 6/18, 6/18 and declared unfit for Aye One medical category. On the receipt of the report, Chief Medical Supdt., Prayagraj constituted a three member Medical Committee for re-evaluation, who examined the applicant on 26.7.2019 and found the applicant substandard in both eyes (6/18, 6/18) and declared unfit for Aye One. Thereafter, 3 applicant submitted re-medical examination appeal along with medical certificate of Dr. Umesh Chittora and after considering the appeal of the applicant, three members Medical Board was constituted, one of whom was Ophthalmologist at Sub Divisional Hospital Kanpur, who examined the applicant on 27.7.2020 and found that he is having sub standard distant vision both eye (6/9, 6/9) and declared unfit for Aye One. Hence the applicant is unfit for the post of Assistant Loco Pilot.
5. Heard the learned counsel for the parties.
6. Submission of the learned counsel for the applicant is that after declaration of the medical unfit in vision by the Railway, applicant contacted to Dr. Suresh Kumar Pandey, Opthalmologist, Suvi Eye Hospital, Kota who declared the applicant fit for A-1. It is further contended that applicant got check up his vision from the Ministry of Railway approved Sudha Hospital, & MRC, Kota and after proper examination of eyes, Dr. Suniti Goyal, MS (Optho), found the applicant fit in A-1 category. Therefore, prayed that there is a possibility of an error of judgment in the decision of medical Board constituted by the Railway because the applicant is found fit by several eye specialist of the private and govt. hospitals. It is further contended that on the basis of contradictory reports of the doctors, applicant may be reconsidered for remedical examination by an independent eye specialist or All India Institute of Medical Sciences, New Delhi. Learned counsel for applicant placed reliance of following judgments:-
i) O.A. No. 1941/2014 (Babu Lal Meena Vs. UOI and others), CAT, Principal Bench decided on 6.1.2015.
ii) O.A. No. 531/2013 (Sh. B. Surya Prakash Vs. UOI and others) CAT, Principal Bench decided on 9.12.2013
iii) O.A. No. 8 of 2023 (Rahul Saini Vs. UOI and others) CAT, Allahabad bench decided on 9.3.2022.
7. Learned counsel for the respondents vehemently argued that applicant was medically examined twice and in both times, a three member Medical Board was constituted, which declared the applicant unfit for Aye One and found fit for below medical category. Since the applicant is not found fit in Aye one, hence, he is not entitled for appointment to the post of Assistant Loco Pilot.
48. We have considered the rival submissions and have gone through the entire record.
9. From perusal of record, it reveals that applicant was selected for the post of Assistant Loco Pilot in the written examination conducted by Railway Recruitment Board. During the medical examination conducted by three members committee on 26.7.2019, he was found unfit for Category Aye One and found fit for category Bee one and below. Applicant submitted appeal enclosing therewith medical certificate issued in his favour. Thereafter again a committee was constituted consisting of three members in which one was Ophthalmologist at Sub Divisional Hospital, Kanpur on 17.2.2020. Three members Board examined the applicant on 27.7.2020 at Kanpur and also found the applicant unfit in category Aye One and found fit in Bee one and below medical category as per para 512 (1) (A) of Indian Railway Medical Manual, 2000. Applicant is relying on the medical certificates issued by the single doctors of various hospitals, whereas during medical examination conducted by the Railway twice, three members committee examined the applicant, in which one was Ophthalmologist and found the applicant unfit in Aye One category. Applicant has again submitted some medical certificates issued by some more hospitals and requested for re-medical examination, which would be an endless process.
10. In case laws relied upon by the applicant, the Tribunal without entering into merit of the case, disposed of the said O.As with a direction to consider the case of the applicant to get him medically re-examined before the appropriate Medical Board afresh whereas in the instant case, after receipt of appeal, applicant has already been re-medically examined by the board consisting of three members in which one was Ophthalmologist, who again found the applicant unfit in Category Aye One, which is necessary for the post of Assistant Loco Pilot. Hence the case laws relied upon by the applicant will not bear any relevance in the instant case.
11. It is also pertinent to mention that similar controversy was decided by this Bench of the Tribunal in its judgment dated 11.05.2023 passed in OA No. 787 of 2020 titled Kaluram Meena Vs Union of India and Ors. In the said case, the applicant therein had applied for his candidature in terms of the same advertisement No. CEN. 1/2018 and 5 was declared unfit in medical examination. He approached before several eye doctors and came up with a few reports just like the applicant herein. His case was also examined by three member committee twice and got rejected on both the occasions. Identical relief as preferred in the instant OA was sought in the aforementioned OA as well. Therefore, the instant case of the applicant is liable to be adjudicated in terms of the order and judgment dated 11.05.2023 passed in the case of Kaluram (supra) which was dismissed on merits.
12. Since the applicant was medically examined twice by the three members committee, who found the applicant unfit for Aye one category, hence directing again and again for medical examination will be an endless process. 1st stage computer based test was conducted on 30.8.2018, 2nd stage computer based test was conducted on 22.1.2019. Documentation and medical examination was done on 25.7.2019 and 26.7.2019. Final list of the selected candidates was published. All the selected candidates have already joined the post. More than four years have passed after completion of selection process and much water has flown. For the post of Assistant Loco Pilot, applicant should be medically fit in Aye one category. As the applicant declared unfit in Aye one category, he is not fit for appointment to the post of Assistant Loco Pilot. We are of the opinion that O.A. lacks merit and deserves to be dismissed.
13. Accordingly, O.A. is dismissed.
14. All MAs pending in this O.A. also stand disposed off. No costs.
(Mohan Pyare) (Justice Om Prakash VII) Member (Administrative) Member (Judicial) (Ritu Raj)