Patna High Court - Orders
Vineet Prakash vs The Union Of India on 29 January, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Sunil Dutta Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16154 of 2024
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Vineet Prakash
... ... Petitioner/s
Versus
The Union of India
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Vineet Prakash ( In Person )
For the Respondent/s : Mr. Additional Solicitor General
Officers on behalf of Respondents:
Dr. Salini Jain, ACMS/ Sonpur
Dr. Pankaj Kumar, Sr. DMO, CGHS, Patna
Mr. Ravi Kumar Pandit, Asst. Personnel Officer,
Sonpur
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
6 29-01-2025In the light of previous order dated 22.01.2025, respondents have placed some documents relating to rules of recruitment to the post of Station Masters, Guards, Traffic Apprentices with a title as "RULES FOR THE RECRUITMENT AND TRAINING OF GROUP 'C' AND GROUP 'D' AND WORKSHOP STAFF" under Chapter-I (page-3). On the next page of the aforementioned document it is referred as Authority Board's Letter No. E(NG)I-99/TR/15 dated 8-2-2000, under this heading para 105 reads as under:-
"Health Certificates. - No person may be appointed to railway service or sent to training school without the production of a health certificate. The rules for the medical Patna High Court CWJC No.16154 of 2024(6) dt.29-01-2025 2/8 examination of candidates for employment and for the periodical examination of railway servants are prescribed separately."
They have also produced Indian Railway Medical Manual (Excerpts), in which para 511 reads as under:-
"511. General physical examination:- (1) A Candidate as well as a serving Railway employee must be in good mental and bodily health and free from any defect likely to interfere with the effective performance of the duties of his appointment.
(2) Examiners will use their own discretion as to the scope of the general physical examination in each case and will judge cases on their merits, taking into consideration the prospective duties of the examinee as also the age of the examinee and need for continued fitness for the remaining years of service.
(3) Measurement of height, weight and chest girth will be recorded if specifically required.
The skin, the connective tissues, the circulatory, respiratory, digestive, nervous, genitourinary, skeletal and muscular system will be subjected to such examination as is deemed necessary. The principal points attended to are connected with ascertaining:-
(a) the condition of heart and lungs;
(b) the condition of teeth and gums (well filled teeth will be considered as sound);
(c) whether there is any evidence of abdominal disease;
(d) whether there is any hernia or tendency to hernia;
(e) whether there is any degree of hydrocoele, varicose veins or piles;
(f) whether there is free movement of the joints;
(g) whether there is any inveterate skin Patna High Court CWJC No.16154 of 2024(6) dt.29-01-2025 3/8 disease;
(h) whether hearing in each ear is good and whether there is any disease of the ear;
(i) whether there is any speech defect;
(j) whether there is any contagious disease of the eyes or any other condition likely to lead to impairment of vision;
(k) whether there is any acute or chronic disease pointing to an impaired constitution; and
(l) whether there is any communicable disease.
Note:- No candidate whose chest measurement is less than 81.3 cms unexpanded and 86.4 cms expanded and whose height is less than 167.6 cms [except hill-man and other exempted class in whose case it should not be less than 160 cms] shall be enlisted for recruitment in Railway Protection Force. Recruits for appointment as Sainiks who are between 18 and 20 years and who show signs of growing and filling out may, however, be enlisted if they are 165.1 cms in height and 76.2 cms un- expanded and 81.3 cms expanded in chest measurement provided that the medical officer concerned certifies that the recruit is under 20 years of age and that he likely to attain standard measurement.
4. Hearing: In the examination of hearing of the candidate/ serving employee, the speaking voice test will be employed. The examiner will speak in any ordinary conversational voice; the examinee will be at a distance shown in the note below and with his/her back to the examiner, will be separately tested for each ear by the occulusion of the other ear or the use of Barrany's whistle, if this is available. Patna High Court CWJC No.16154 of 2024(6) dt.29-01-2025 4/8 Candidates: (i) on appointment, the testing distance will be 6 meters for each ear for all categories.
(ii) The use of hearing aid should not be permitted for candidates in categories 'A' and 'B'.
Employees: (i) on re-examination, the testing distance will be 3 meters for all categories of staff.
(ii) The use of hearing aid should not be permitted for Railway employees in categories 'A' and 'B'. However, it may be permitted at the discretion of the Chief Medical Director in Categories, B-1 and B-2. Relaxation of standards of hearing in certain categories like Boiler maker etc., may be given by the Chief Medical Director.
(5) Speech:
Candidate: Stammering is not to be considered a serious defect disqualifying a candidate in clerical duties, especially such of them as do not have to come in direct contact with the public.
Employees: for serving Railway employee, stammering is not to be considered a serious defect in clerical duties, especially such of them as do not have to come in direct contact with the public. However, in cases where slight speech defects have been detected during the course of periodical medical examination of Railway employee who has put in a number of years of service, the Chief Medical Director may consider relaxation in all types of cases, in consultation with the department concerned. (6) Head injuries:-
Candidates and serving employees in categories A-1, A-2 and A-3, when they come up for medical examination or re-examination, should give a declaration if they had a head injury earlier and if so, a history of the case, even Patna High Court CWJC No.16154 of 2024(6) dt.29-01-2025 5/8 though fully cured at the time of declaration. In the case of persons with past history of loss of memory, a full neurological examination and a fitness certificate from a neurologist would be required. As instances are known where temporary loss of memory and some other mental disturbances have occurred in such cases, it is desirable that a close watch is kept on all such cases of head injury in the foot-plate staff, specially drivers, and followed up, to ensure that there is no recurrence of loss of memory in such persons.
(7) Physically handicapped: (i) At the time of medical examination of the physically handicapped, namely the blind, the deaf/ deaf mute and the orthopedically handicapped, (for each of the categories 1% of the posts in C and D groups have been reserved), the medical officer should find out the individual's suitability for the appointment against the post nominated for the handicapped persons with the instructions given and ensure that the proposed appointment is without much detriment to the efficiency and the physically handicap is not likely to hamper the work or enhance the occupational risks to the worker himself or to the others, especially if the post happens to be in the sheds and work shops or in station yards, along railway tracks and on bridges etc. Although the intention is to help such physically handicapped persons duly waiving the physical standards which ordinarily stand in the way of their being passed fit, it is clarified that no relaxation are to be made in visual standards while considering cases of physically handicapped persons for appointment under the deaf and orthopedically handicapped quota, excepting in the categories of clerks to the extent that they Patna High Court CWJC No.16154 of 2024(6) dt.29-01-2025 6/8 may be examined as per standards of C-2 though they belong to C-1. Certain posts should be earmarked for being filled up by only disabled persons eg., Lift man, Daftry, Office Clerks, Care-taker etc.
(ii) The categorisation of physically handicapped person for the purpose of reservation in employment is as below:-
(a) The blind: The blind are those who suffer from either of the following conditions:
1. Total absence of sight.
2.Visual acuity not exceeding 6/60 or 20/200 (Snellen) in the better eye with correcting lenses.
3. Limitation of the field of vision subtending an angle of 20 degrees or worse.
(b) The deaf: The deaf are those in whom the sense of hearing of nonfunctional for ordinary purposes of life. They do not hear, understand sounds at all events with amplified speech. The cases included in this category will be those having hearing loss more than 60 decibels in the better ear (profound impairment) or total loss of hearing in both ears.
(c) The orthopedically handicapped:
The orthopedically handicapped are those who have a physical defect or deformity which causes an interference with the normal functioning of the bones, muscles and joints.
iii) Candidates:- As and when handicapped persons are recommended by the Employment exchange for employment against Group C and Group D posts, they should be examined by CMS/ MS in charge of the division and decision taken in consultation with the department concerned.
iv) Employees: The cases should be decided by the CMS/ MS in charge of the division in consultation with the Patna High Court CWJC No.16154 of 2024(6) dt.29-01-2025 7/8 departmental officers taking into account the nature of disability and duties of the post.
Note: Such of the serving Railway employees who lose one of their hands while in service may not be put against train working duties, particularly those involving operation of any equipment. (8) Urine:
Candidates & Employees: In A-1 Urine examination is compulsory.
Other categories: Urine will be examined if the examinee is over 30 yrs of age. If there is any reason to suspect renal disease or diabetes in any examinee under 30 yrs age, his urine will be examined.
(9) Infective conditions and other disorders:
Candidates: Candidates exhibiting the under noted conditions will be rejected irrespective of the employment sought:-
(a) Contagious and infective disorders:
provided that the condition of the candidate having ceased to be contagious or infectious, the sequelae arising from such disorder will not be regarded as disqualifying, unless they are in themselves likely to interfere immediately or later with the efficient performance of the duties of their appointment. The following conditions fall inter-alia under the above category:-
(i) Pulmonary tuberculosis.
(ii) Venereal infection."
2. Thus, contentions of the respondents is that petitioner has been non-suited for the post in the light of aforementioned rule, in particularly, Indian Railway Medical Manual, para 511 [3(f)] relates to "whether there is free Patna High Court CWJC No.16154 of 2024(6) dt.29-01-2025 8/8 movement of the joints;" and (k) relates to "whether there is any acute or chronic disease pointing to an impaired constitution; and"
3. At this stage, party in-person Mr. Vineet Prakash submitted that in the advertisement they have not made it crystal clear to the candidates with reference to the aforementioned rules read with the Indian Railway Medical Manual.
4. In the advertisement if the authority fails to adhere to the relevant rules that does not provide any right to the candidates to stick on to the advertisement for the reasons that advertisement is an executive action and executive action cannot override statutory rules.
5. At this stage, party in-person Mr. Vineet Prakash seeks time to verify the aforementioned documents which are provided to the petitioner during course of the day.
6. Re-list this matter on 12.02.2025.
7. Personal appearance of the official respondents is dispensed with untill further orders.
(P. B. Bajanthri, J) (Sunil Dutta Mishra, J) rakhi/-
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