Karnataka High Court
Neeraj Verma vs Union Of India on 11 June, 2025
Author: S.G.Pandit
Bench: S.G.Pandit
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JUNE 2025
PRESENT
THE HON'BLE MR. JUSTICE S. G. PANDIT
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO.2846/2025 (S-CAT)
BETWEEN:
NEERAJ VERMA
S/O SHRI DWARIKAPRASAD VERMA
AGE 29 YEARS
R/AT VILLAGE & POST CHAKRAMA
TEHSIL POHRI
DISTRICT SHIVPURI
MADHYA PRADESH-573775.
... PETITIONER
(BY SRI. CHALUVARAJA G.V., ADV.)
AND:
1. UNION OF INDIA
MINISTRY OF RAILWAYS THROUGH SECRETARY
RAIL BHAWAN
NEW DELHI-110001.
2. THE CHAIRMAN
RAILWAY RECRUITMENT BOARD
SOUTH WESTERN RAILWAYS
BENGALURU- 560 046.
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3. THE GENERAL MANAGER
SOUTH WESTERN RAILWAYS
HUBLI-580020.
4. THE PRINCIPAL CHIEF MEDICAL
DIRECTOR (PCMD)
HEADQUARTERS OFFICE
MEDICAL DEPARTMENT
OLD GM'S OFFICE, CLUB ROAD
KESHWAPUR, HUBLI-580023.
...RESPONDENTS
(BY SRI B PRAMOD, CGC FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1. SET ASIDE THE ORDER DATED 30.09.2024, ANNEXURE-B PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL IN OA 348/2023; 2. SET ASIDE THE ORDER DATED 04.05.2023, ANNEXURE-A, BY THE RESPONDENTS REJECTING THE APPEAL FOR MEDICAL RE-EXAMINATION AND ETC.
THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDER ON 05.06.2025 COMING ON THIS DAY, S.G.PANDIT J., PRONOUNCED THE FOLLOWING:
CORAM: HON'BLE MR JUSTICE S.G.PANDIT and HON'BLE MR JUSTICE T.M.NADAF 3 CAV ORDER (PER: HON'BLE MR JUSTICE S.G.PANDIT) Petitioner is before this Court under Article 226 of the Constitution of India questioning the correctness or otherwise of the order dated 30.09.2024 in Original Application No.170/00348/2023 passed by the Central Administrative Tribunal, Bangalore Bench, Bengaluru (for short, 'Tribunal'), rejecting his Original Application wherein he had sought for quashing speaking order dated 04.05.2023 whereunder the petitioner's candidature for the post of Station Master was rejected as he has defective distant vision and also seeking for a direction to the respondents to permit him to participate in the recruitment process.
2. Heard learned counsel Sri.Cheluvaraj.G.V., for petitioner through video conference and learned Central Government Counsel Sri.B.Pramod for 4 respondent Nos.1 to 3. Perused the entire writ petition papers.
3. The petitioner applied for the post of Station Master in pursuance to Central Employment notice CEN No.1/2019, issued by the Indian Railways.
The petitioner is said to have cleared the preliminary examination and also the respective mains examination for the post of Station Master. Thereafter, the petitioner was called for verification of documents. The petitioner was also called for medical examination which was conducted on 20.10.2022 at Railways Hospital, Hubballi. On medical examination, the petitioner was found to be unfit in AYE TWO (A2) medical category and fit in (A3) AYE THREE and below for distant vision. The petitioner is said to have left the place of medical examination without signing the medical form and placing his LTI. Thereafter, the petitioner was again called for medical examination 5 and the same was conducted on 29.11.2022. In the said medical examination also, petitioner was again found unfit in AYE-TWO (A2). The respondents contend that the petitioner was further examined by Divisional Medical Committee (DMC), but the same is disputed by the petitioner.
4. The Tribunal under impugned order, on going through the original records held that there is proceedings of the Divisional Medical Committee and they have gone into the details of the recommendation of the Division Medical Committee. The impugned order would also indicate that the respondents have followed the prescribed procedure in getting the medical report from the DMC.
5. Learned counsel for the petitioner mainly contended that the petitioner got examined from seven Ophthalmologists Specialized Doctors and all 6 the Doctors have opined that the petitioner has 6/6, 6/6 perfect vision without Glasses. All the medical reports and opinions clearly establish the fact that the petitioner has 6/6 vision and medically fit in AYE-TWO (A2) medical category. It is the contention of the learned counsel for the petitioner that the Tribunal failed to appreciate that the medical examination conducted by the Railway Recruitment Board is not proper when compared to the Medical Certificates obtained by the petitioner.
6. Taking note of the above submission, this Court, by order dated 02.04.2025 directed the Appellate Medical Committee of the respondent- Railways to consider the prescriptions as submitted by the petitioner in the writ petition and re-examine the petitioner of his eye-sight and called report in a sealed cover to this Court for perusal and for consideration accordingly. The Appellate Medical Board submitted 7 report along with covering letter dated 29.05.2025 to this Court. The Medical Board's opinion of South Western Railway, Mysuru dated 05.05.2025 reads as follows:
"UNFIT IN AYE TWO, AYE THREE, BEE ONE AND BEE TWO MEDICAL CATEGORIES FIT IN CEY ONE AND BELOW."
The above report of the Appellate Medical Board makes it abundantly clear that the petitioner is unfit in AYE TWO category. Taking note of the above Medical Board Report, South Western Railways Divisional Office, Medical Branch has passed one more Speaking Order. A portion of the said order reads as follows:
"As per Para 512(1)(A) of IRMM 2000, the candidate should have accurate Naked Eye Distant Vision of 6/6, 6/6 without glasses for A-1 Medical Category and accurate 8 Naked Eye Distant Vision of 6/9, 6/9 without glasses for A-2 Medical Category. 6/9, 6/9 with Power of Glasses up to 2.00D for A-3 Medical Category. 6/9, 6/12 without or with Power of Glasses up to 4.00D for B-1 and B-2 Medical Category. 6/12, 6/18 with or without Glasses for C-1 medical category. 6/12, nil with or without glasses for C-2 medical category.
ACCORDINGLY, THE MEDICAL BOARD RECOMMENDS THAT SHRI NEERAJ VERMA S/O DWARIKA PRASAD VERMA, A CANDIDATE FOR POSTS IN AYE-TWO & BELOW IS "UNFIT IN AYE-TWO, AYE-
THREE, BEE ONE, BEE TWO MEDICAL CATEGORIES DUE TO DEFECTIVE DISTANT VISION AND FIT IN CEY ONE & BELOW MEDICAL CATEGORIES."
This is Privy Communication. The Personnel Department is advised to communicate the same to the candidate only or judicial Authorities in respect of court cases if required.9
This has approval of PCMD/SWR."
7. This Court would not go behind the report submitted by the Appellate Medical Board as well as DMC. More so, this Court would not possess any expertise to go into the medical examination conducted by the Medical Board as well as the Appellate Medical Board. In the absence of any malafide, this Court shall have to accept the expert opinion.
8. The selection is to the post of Station Master and Station Master shall possess vision as required by the Railways. The medical standards fixed by the Recruiting Authority cannot be lowered or tinkered by any Court. Unless one is medically fit to hold a particular post, he cannot, as a matter of right claim that post.
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9. For the reasons recorded above, we do not find any error or illegality in the order passed by the Tribunal. We do not find any merit in the writ petition and accordingly, the writ petition stands rejected.
Sd/-
(S.G.PANDIT) JUDGE Sd/-
(T.M.NADAF) JUDGE MPK/NC CT: bms