Central Administrative Tribunal - Allahabad
Kaluram Meena vs General Manager N C Rly on 11 May, 2023
O.A. No.787/2020
(Reserved on 9.5.2023)
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH ALLAHABAD
Original Application No. 787/2020
Pronounced on 11th day of May, 2023
Hon'ble Mr. Justice Om Prakash VII, Member (J)
Hon'ble Dr.Sanjiv Kumar, Member (A)
Kaluram Meena age about 28 years son of Shri Ram Hari Meena,
resident of village - Sotoli, Post Bada Gao Sarwar, Tehsil- Bonli,
District- Sawaimadhopur, Rajasthan.
. . . Applicant
By Adv: Sri P.K.Mishra and Sri Rajesh Kumar
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 Adv: Sri Vimal Kumar Rai
ORDER
By Hon'ble Mr. Justice Om Prakash-VII, Member (J) 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 Sciences.
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. 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 Page 1 of 5 O.A. No.787/2020 was called for document verification and medical examination which was scheduled on 25.7.2019. 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 find place at S.No..
62. Applicant preferred an appeal along with Medical certificate issued by Dr. Y.K. Kalia, Medical Officer (Eye Specialist), Jaipur Calgary Eye Hospital and Research Centre, Jaipur who declared the applicant's both eye 6/6 without glass. 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 re- medical examination. Respondent vide impugned order dated 28.10.2010 intimated the applicant that :- mijksDr lanfHkZr i= ds laca/k esa voxr djk;k tkrk gS fd vkidk iqu% fpfdRlk ijh{k.k esfMdy cksMZ }kjk fnukad 27-7-2020 dks CMS Office/SDH/Kanpur esa laiUu gksus ds mijkar esfMdy cksMZ dh fjiksVZ dks izeq[k eq[; fpfdRlk funs"kd mRrj e/; jsyos iz;kxjkt }kjk Lohd`r dj fn;k x;k gS tks fuEu gSA "The candidate is UNFIT in Aye One (A-10 but fit in B-1, B-2, C-1 as per para512 (1)(a) of IRMM 2000."
izkjaHk esa Hkh vkidks fQVusl UNFIT FOR A-1 AND FIT FOR B-1 B-2 AND C-1 WITHOUT GLASS Fkk blls Li'V gksrk gS fd vkids fQVusl esa dksbZ ifjorZu ugha gqvk gS vr% vki dh vihy ij dk;Zokgh iw.kZ ekaxrs gq, vki dh vihy dk fuLrkj.k dj fn;k x;k gSA After declaration of medical unfit in vision by the Railway, applicant contacted to Dr. G.K.Trivedi, Ophthalmologist, Sahai Hospital and Research Centre, Jaipur and he checked the eye of applicant and issued a report in which applicant again found fit in Category A-1.
3. 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 6/9, 6/9 and declared unfit for Aye One and fit in Bee one and below medical category. On the receipt of the report, Chief Medical Supdt., Prayagraj constituted a three members Medical Committee for re-evaluation, who examined the applicant on 26.7.2019 and found the applicant substandard in both eyes (6/9, 6/9) and declared unfit for Aye One. Thereafter, applicant submitted re-medical examination appeal along with medical certificate of Dr. Y.K. Kalia 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 Page 2 of 5 O.A. No.787/2020 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.
4. Heard the learned counsel for the parties.
5. 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. G.K. Trivedi, Opthalmologist,Sahai Hospital, Jaipur 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 eye hospital, New Delhi Central for Sight Ltd. at Jaipur and after proper examination of eyes, Dr. Nupur Raina, MBBS, 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 appointment of re- medical 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. 21/2022 (Dinesh Kumar Vs. UOI and others), CAT, Jaipur Bench decided on 31.1.2023.
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.
6. Learned counsel for the respondents vehemently argued that applicant was medically examined twice and in both times, three member Medical Board was constituted, who 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.
7. We have considered the rival submissions and have gone through the entire record.
8. 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 by Dr. YK. Kalia, CMO and Medical Page 3 of 5 O.A. No.787/2020 Supdt. Jaipur Calgary Eye Hospital, Jaipur. Thereafter again a committee was constituted consisting of three members in which one was Ophthalmologist at Sub Divisional Hospital, Kanpur on 18.2.2020. 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 again submitted medical certificates of some more hospitals and requested for re-medical examination, which is an endless process.
9. In case laws relied upon by the applicant, Tribunal without entering into merit of the case, disposed off the aforesaid 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 support the case of the applicant.
10. 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 9.8.2018, 2nd stage computer based test was conducted on 23.1.2019. 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. Four years have passed after completion of selection process. Now 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.
11. Accordingly, O.A. is dismissed.
12. All MAs pending in this O.A. also stand disposed off.
Page 4 of 5 O.A. No.787/202013. There shall be no order as to costs.
(Dr. Sanjiv Kumar) Justice Om Prakash- VII
Member (A) Member (J)
HLS/-
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