Central Administrative Tribunal - Delhi
Kamal Singh vs M/O Railways on 14 July, 2025
1
Item No. 4 (C-4) O.A No. 2611/2025
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A. No. 2611/2025
This the 14th Day of July, 2025
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Sumeet Jerath, Member (A)
Shri Kamal Singh
S/o late Shri Bachchoo Singh
Aged about 29 years
R/o Nagla Bhagat
Jagner Road, Dhanauli
Agra, Uttar Pradesh 282001
Applicant for the post of Railway Level-I Group D ..... Applicant
(By Advocate : Mr. Atul Bandhu)
Versus
1. Union of India
Through its Secretary
Ministry of Railways
Rail Bhawan, New Delhi-110001
2. Railway Recruitment Board
Through its Secretary
Rail Bhawan, New Delhi-110001
3. Railway Recruitment Cell
Lajpat Nagar-I
New Delhi Through its Chairman .......Respondents
(By Advocate : Mr. Sanjeev Yadav)
2 OA No. 2611/2025
Item 4 (C-4)
ORDER (O R A L)
Hon'ble Dr. Sumeet Jerath, Member (A):
The instant OA has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:-
"A. To call for records of the case.
B. To command the Respondents to reconsider the case of the applicant and appoint him on the post of Level-I Group D as per the advertisement annexed hereto with all consequential benefits. C. Pass any other such further order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
2. The factual matrix of the case as per the counsel of the applicant is that pursuant to the advertisement published by the respondents for recruitment to various posts, the applicant applied for Group-D level-I Medical post. On being selected for the said post he was called for document verification where along with other requisite documents he submitted the certificate of disability. After document verification he was called for Medical Test on 12.08.2023 during which due to some doubt about strength of his right lower limb he was directed to CMO Agra for the examining the power in his right lower limb. The CMO Agra forwarded his report to the Railways wherein it was observed that the power viz., 4/5 on the right hip and 5/5 on the right knee and ankle joint. Thereafter the candidature of the applicant was rejected. Though he was informed about his rejection however, the grounds for it were not known. Aggrieved, the 3 OA No. 2611/2025 Item 4 (C-4) applicant represented to the authorities against his rejection and prayed for re-medical test. Responding to the said representation the respondents asked the applicant vide letter dated 13.09.2024 to appear before re-medical examination on 27.09.2024. However, his file was misplaced by the respondents and he was asked to get his medical certificate re-verified from Agra. The said re-verified certificate was submitted by him to the RRC however, his appeal was dismissed on the ground that his certificate was not recognised. Later, on 27.09.2024 he was again examined medically and his candidature again stood rejected on medical grounds. Though, initially the applicant was not informed about the specific reasons of rejection of his candidature however, through RTI reply he was informed that his candidature has been rejected due to involvement of both lower limbs. According to the counsel, the respondents did not provide any opportunity to defend his case which is in violation of principles of natural justice. This made him to approach this Tribunal by way of this OA.
3. Since this case has been heard and decided at the admission stage itself no counter has been filed. However, the counsel of the respondents vehemently opposed the above arguments of the counsel of the applicant stating that the applicant's case was rejected on medical grounds not once but twice. First on 02.02.2024 his candidature was rejected vide Notice No. CEN-01/2019 (Level-1) Which is reproduced below :-
4 OA No. 2611/2025
Item 4 (C-4) Later, the applicant was medically examined again on 27.09.2024 by the Standing Medical Board of Orthopaedic Surgeon of Northern Railway Central Hospital (NRCH). After orthopaedic examination they found out that the applicant's case is of Post Polio residual paralysis more in the left side than the right side. The applicant had applied for Group D in PwD - OL Category. But both his lower limbs 5 OA No. 2611/2025 Item 4 (C-4) are involved. EMG/NCV shows chronic neurogenic changes in tested muscle of both lower limb. Based on their findings, the members of the medical board found the candidate unfit for the post of Group D level 1 PwD - OL (Person with disability - One Leg) due to involvement of both lower limbs.
5. We have given our thoughtful consideration to the rival submissions and examined the relevant documents on record. We have observed that the applicant was rejected not once but twice first on 02.02.2024 and then on 27.09.2024. In the re-medical examination conducted by Specialists and Orthopaedic Surgeons of the Railway Hospital, the applicant was found disabled not only in one leg (OL) but in both the legs (lower limbs). We see no reason to dispute the expert findings of the Orthopaedic Surgeons and interfere with the impugned order No. 220-E/Open Mkt/RRC/CEN-01/2019 dated 10.03.2025 at Annexure A-1. The medical report of the Railways overrides the re-verified medical certificate by Distt. Hospital Agra, which is not recognised. In our considered opinion therefore the balance of convenience is clearly in favour of the respondents.
This OA is devoid of merit; deserves to be dismissed in limine and is accordingly dismissed. There will be no order as to costs.
(Dr. Sumeet Jerath) (Harvinder Kaur Oberoi)
Member (A) Member (J)
/Mbt/