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8. Mr.N.G.R.Prasad, learned counsel appearing for the Indian Airlines, who is first respondent in W.A.Nos.2112 and 2113 of 2005 and appellant in W.A.No.2077 of 2005 submitted that the writ petition challenging the notification is not maintainable since the writ petitioners applied for the post in terms of the notification, participated in selection process and after their non-selection it is not open to them to challenge the notification as it is hit by the principles of estoppel. Insofar as the claim made under section 25H of the Industrial Disputes Act, 1947, the learned counsel submitted that only when casual vacancies arise, the writ petitioners can get preference under section 25H. According to the learned counsel, for the permanent vacancies to be filled on the basis of regular selection, writ petitioners were given age relaxation for the period for which they worked in the Indian Airlines. The learned counsel further submitted that for appointment as drivers, no medical test is contemplated and only for regular selection the rule requires medical fitness. M/s.L.Radhakrishnan and G.Murugan, who are appelants in W.A.Nos.2112 and 2113 of 2005 were found medically unfit due to the high blood sugar level and Masanamuthu, who is the second respondent in W.A.Nos.2112 and 2113 of 2005, whose blood sugar level was only marginally high at the first medical test and he was not a diabetic and therefore he was referred to the second medical board, which found that he is fit to take up the job as driver and he need not have any anti-diabetic drugs and he will do well with diet, exercise and weight reduction. Hence according to the learned counsel for the Indian Airlines, there is no discrimination in referring the said Masanamuthu to the second medical board. The learned counsel ultimately submitted that out of the 20 posts available in Tamil Nadu, 9 posts were filled up from among the ex-casuals on due selection and one candidate was the internal candidate and only five out of 15 posts were filed up by candidates from the open market. Hence due consideration was given to the ex-casuals and therefore the selection was conducted in a fair and transparent manner. Insofar as calling 13 candidates on different date for interview, it is submitted that the interview was conducted from 1.4.2002 to 5.4.2002 and 8.4.2002 to 12.4.2002 and the interview Committee members being Section Heads, they had to attend to their regular duties and hence there was break and again intervew resumed on 19.4.2002 and the 13 candidates were interviewed on that date. Learned counsel also cited several judgments in support of his contention and prayed for dismissal of W.A.Nos.2112 and 2113 of 2005 and for allowing W.A.No.2077 of 2005.

Mr.Masanamuthu has no family history of diabetes. He is slightly overweight. GTT was done using 75 gms glucose load which shows a slightly raised fasting blood sugar value with a elevated peak value but a normal 2 hour value. This GTT is not diagnostic either of diabetes or Impaired Glucose Tolerance (IGT). Moreover the glycosylated haemoglobin is also only marginally abnormal at 6.3% which is a range normally seen in IGT. He does need any anti-diabetic drugs and would do well with diet, exercise and weight reduction, which should also help to normalize the GTT. In my opinion, he is fit to take up the job as a Driver."