Central Administrative Tribunal - Bangalore
Yajjuvarapu Venkat vs Western Naval Command on 2 August, 2023
1
OA.No.170/00287/2021/CAT/BANGALORE
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00287/2021
DATED THIS THE 02ND DAY OF AUGUST, 2023
CORAM:
HON'BLE MRS. JUSTICE S. SUJATHA, MEMBER (J)
HON'BLE MR. RAKESH KUMAR GUPTA, MEMBER (A)
Yajjuvarapu Venkat,
S/o Srinivasa Rao,
Aged about 21 years,
R/o C/o MGV Venkatrathnam,
Opp: JMJ College,
Bapulapadu Mandal,
Andhra Pradesh 521 105 .... Applicant
(By Shri V.P. Kulkarni, Advocate)
Vs.
1. Union of India,
Represented by Secretary,
Department of Defense,
Raksha Bhavan, New Delhi 110 001
2. Flag Officer,
Commandant-in-Chief,
Headquarters, CCPO,
Western Naval Command,
Mumbai 400 023
3. Commander,
Senior Staff Officer (Civil),
2
OA.No.170/00287/2021/CAT/BANGALORE
For Flag Officer Commanding,
Headquarters,
Karnataka Naval Area,
Naval Base, Karwar,
Uttara Kannada District 581 308 ...Respondents
(By Shri S. Prakash Shetty, Senior Panel Counsel)
O R D E R (ORAL)
PER: JUSTICE S. SUJATHA, MEMBER (J)
This application is filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
"i) Quash the impugned order/letter dated 10-11-2020 bearing No. Nil passed by the 3rd Respondent and direct the Respondents herein to select the applicant for the post of Apprenticeship training in carpentry at Naval Ship Repair Yard, Naval Base Karwar.
ii) Pass such other order or orders which may be deemed fit and necessary on the facts and circumstances of the case."
2. Briefly stated the facts as narrated by the applicant are that in pursuant to the notification calling for applications for appointment of Apprenticeship in various trades called by the Naval Ship Repair Yard, Naval Base, Karwar, Karnataka, the applicant applied and was selected in the top of the merit list in the 3 OA.No.170/00287/2021/CAT/BANGALORE written examination of Carpentry trade but he was not selected in the final selection panel. No information was given regarding his non-selection. The applicant sought for information regarding his non-selection under the RTI Act. The Headquarters of Karnataka Naval Area, Naval Base, Karwar on 10.11.2020 gave information and informed that he was medically unfit to hold the post as he was found to have extensive surgical scar on the chest. The applicant submits that he had undergone congenital heart surgery at the age of 11 years and thereafter he has been medically fit and the Medical Officer, Government General Hospital, Vijayawada has given a medical certificate on 30.01.2019 certifying his medical fitness. The applicant is doing carpentry work and is capable of undergoing the Apprenticeship post conducted by the 3rd respondent. Being aggrieved by the information submitted by the 3rd respondent inasmuch as the reasons for declaring him "found medically unfit"
without providing an opportunity to furnish the relevant medical certificates/medical documents, the applicant is before this Tribunal.
3. Learned counsel Shri V.P. Kulkarni representing the applicant submitted that the applicant had undergone congenital 4 OA.No.170/00287/2021/CAT/BANGALORE heart surgery at the age of 11 years. He has become normal after undergoing the surgery. The Medical Officer of the Government General Hospital, Vijayawada had certified that he is medically fit. The applicant was a meritorious candidate and was placed at the top of the merit list issued by the 3rd respondent with respect to Carpentry trade. Merely for the reason that the applicant has got extensive surgical scars on the chest following the surgery, without making the assessment of the internal organs, he has been declared as unfit for Apprenticeship training. Had any notice was given in advance to furnish the documents relating to his medical history, the applicant would have submitted his medical records. Adjudging the applicant as unfit for Apprenticeship training on medical grounds, without providing reasonable opportunity to put forth his case, is against the principles of natural justice. Accordingly, seeks for interference of this Tribunal.
4. Learned counsel Shri S. Prakash Shetty representing the respondents argued that during medical examination on 05.02.2020, the Medical Officer found the applicant having extensive surgical scar on chest wall following the surgery. As no reason for surgery/details regarding queries were revealed by the applicant or 5 OA.No.170/00287/2021/CAT/BANGALORE any medical documents of past medical history were submitted by the applicant, the candidate was adjudged as "UNFIT for Apprentice Training" on medical grounds. On the information sought by the applicant under RTI Act, the reasons for declaring him as medically unfit was made available. The applicant being not satisfied with the reply, preferred RTI first appeal with Flag Officer Commanding, Karnataka Naval Area and the same was rejected by the Appellate Authority. The apprentices have to work on-board ships as part of their job training in adverse conditions, as such, the medical standards are stringent. The status of medical examination reported by the service officer is valid and the same has to be confirmed by this Tribunal having regard to the nature of the extensive surgical scar found on the chest of the applicant during the medical examination held on 05.02.2020.
5. We have carefully considered the submissions of the learned counsel for the parties and perused the material on record.
6. Respondents have filed a detailed reply statement. Para 6 of the said reply statement reads thus:
6
OA.No.170/00287/2021/CAT/BANGALORE "6. It is submitted that during medical examination on 05 Feb 20, the Medical Officer found the applicant having extensive surgical scar on chest wall following the surgery. Due to the presence of surgical scar, the status of the internal organs which need to be checked as per MoD(N) letter FM/1103/NSRY/1019/US(MP)/D(N-II) dated 21 Jun 07, could not be ascertained as the reason for surgery/details regarding queries were not revealed by the applicant during conduct of medical examination and the applicant did not produce any medical documents of past medical history for reference. In view of the foregoing, candidate was adjudged as unfit for Apprentice training on medical grounds. The status of medical examination by service officer is "UNFIT for Apprentice Training"...................."
7. Thus, it is clear that due to presence of surgical scar, the status of internal organs has not been assessed as the reason for surgery/details were not revealed by the applicant during conduct of medical examination. The medical certificate at Annexure-A3 was also not placed before the Medical Officer for want of prior notice regarding the medical history. Be that as it may, it is clear that no 7 OA.No.170/00287/2021/CAT/BANGALORE internal organ test has been done to assess the medical fitness of the applicant. The applicant having placed in the top of the merit list (qualified), we are of the considered view that the interest of justice would be sub-served in directing the Respondents No. 2 and 3 to constitute a Medical Board consisting of three expert Doctors in the field and to examine the applicant to decide his medical fitness for the Apprenticeship Training in Carpentry trade. Accordingly, we pass the following :ORDER:
i) The applicant shall be subjected to medical examination by a Medical Board to be constituted by the Respondents No. 2 and 3 consisting of three expert Doctors to assess his medical fitness for the Apprenticeship Training in Carpentry trade after issuing a prior notice for medical examination.
ii) Respondents shall take an appropriate decision, in accordance with law, based on the report of the Medical Board regarding medical fitness of the applicant for the Apprenticeship Training in Carpentry trade. 8
OA.No.170/00287/2021/CAT/BANGALORE
iii) Compliance shall be made in an expedite manner, in any event, not later than eight weeks from the date of receipt of the certified copy of this order.
iv) OA stands disposed of in terms of above.
v) No order as to costs.
(RAKESH KUMAR GUPTA) (JUSTICE S. SUJATHA)
MEMBER (A) MEMBER (J)
/ksk/