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Showing contexts for: Traffic apprentice in Dhanraj Goyal vs M/O Railways on 30 April, 2024Matching Fragments
The present original application was made by the Applicant, upon being aggrieved by the impugned communication dated 22.04.2015 issued by the Respondent No.3., whereby it had been conveyed to the Applicant that he had been found 'Unfit' medically for A-2 category appointment under the Respondents.
2. The matrix of facts relevant in the present case emerged to be as follows briefly. The Applicant, who possessed the educational qualification of B.E. (Electronics, Instrumentation and Control), had submitted his application for being considered for appointment in the post of Traffic Apprentice in pursuance of the Centralised Employment Notice No.03/2012, dated 12.5.2012 issued for various posts by the Respondents - Government of India, Ministry of Railways, Railway Recruitment Boards. Vide the Letter dated 03.11.2014 of the Railway Recruitment Board, Ajmer the Applicant was informed that he was recommended for appointment for the post of Traffic Apprentice to the General Manager (Personnel) Western Central Railway, Jabalpur. It was further conveyed thereby inter alia that the Western Central Railway administration would send the related appointment proposal, provided the Applicant was found fit / eligible for appointment otherwise. Eventually, the Office of Divisional Railway Manager (DRM), Personnel Department, Kota had issued the letter dated 08.12.2014, whereby it had been conveyed that it was proposed to appoint the Applicant on the post of Traffic Apprentice on temporary and provisional basis.
4. It had also emerged that in pursuance thereof, the Applicant had got himself relieved from his previous Office / Establishment of Allahabad Bank on 15.12.2014 to report to the Office of the DRM Western Central Railway, Kota. Towards fulfillment of prescribed conditions for appointment, the Applicant was subjected to the mandatory medical examination on 02/03.01.2015 - initially by the nominated Medical Officer, who had considered the Applicant 'Unfit' as per A-Two category ; and thereupon by the Medical Board for ascertaining suitability as per A-Two category prescribed for Traffic Apprentice. Eventually, the Applicant was informed vide letter dated 22.04.2015 of the DRM (Establishment)Western Central Railway, Kota that he was declared as medically 'Unfit' for A-2 category in the Medical Examination, whereas passing of which was mandatory for appointment as Traffic Apprentice.
5. The Applicant had further averred that upon receipt of the said letter dated 22.04.2015, he had submitted an application dated 21.05.2015 to the authorities specifically mentioning therein that both the eyes of the applicant were in normal condition. The Applicant had in support of his contention furnished the certificates upon examination of his eyes by the Junior Specialist (Ophth) Government Hospital, Sawai Madhopur and another one from the private Pawn Eye Hospital and Research Center - whereby it was certified that vision of the Applicant is 6/6 and no laser operation had been undergone by him. It was the case of the Applicant that while he had been disqualified on the ground of low vision, he had proper vision ; and that the circular issued by the Respondent on 31.12.2015 that was being applied in his case was issued well after 12.05.2012. i.e. the date of the relevant Centralised Employment Notice - yet that also had provisions for re-examination by a Second Medical Board. Hence, the Applicant being aggrieved by the rejection of his candidature had prayed for quashing and setting aside the impugned communication dated 22.4.2015 of the Divisional Railway Manager, Personnel Department (Establishment) Western Central Railway, Kota and the impugned Physical Fitness Certificate dated 16.6.2015 (sic) ; and further prayed for directions to the Respondents to constitute a fresh Medical Board for assessing the fitness of the Applicant for the post of Traffic Apprentice and declaring him medically fit for appointment on the post of Traffic Apprentice with all consequential benefits.
6. On the other hand, vide their reply the Respondents had denied the contentions of the Applicant, except those that were matters of fact on record. They had further submitted that the appointment of any candidate, inter-alia the Applicant, can only be completed only after meeting the other terms and conditions of the appointment and the same had been conveyed to the Applicant also. In the present case for appointment to the post of Traffic Apprentice, medical fitness as per medical category A- Two was prescribed as a relevant condition, inter alia. It had also been submitted further that the Applicant was firstly examined on 03.01.2015 by the Additional Chief Medical Superintendent (in charge of OPD), Kota as the nominated railway medical examiner and was found to be 'Unfit' for appointment as Traffic Apprentice on account of not being in A-2 medical category and having substantial visual acuity in both eyes. Thereafter, as per the prescribed procedure, a four-member Medical Board chaired by Chief Medical Superintendent, Kota including the Senior DMO Ophthalmology, Kota as Expert Member had again examined the Applicant on the same date and he was diagnosed to be suffering from both eyes substandard visual acuity ; and thus it had been concluded that he was unfit for A-2 medical category. The Medical Board, after undergoing all the clinical findings and investigation, recommended that Shri Dhanraj Goyal S/o Shri Babu Lal Goyal was 'Unfit' as candidate for Traffic Apprentice in A-2 medical category due to both eyes substandard visual acuity.