Indian Kanoon - Search engine for Indian Law

11. The portion of the note in Para 9 of the advertisement reads as under:-

"The above medical standards (criteria) are indicative and not exhaustive and apply to candidates in general."

It is not exhaustive, therefore, the other material is with reference to Indian Railway Establishment Manual Para 113, 124 and 511 is required to be taken into consideration for the purpose of medical examination-medical fitness test for the post of Traffic Apprentice, Goods Guard & Assistant Station Master. On this count, the petitioner has not made out a case to the extent that whatever the medical fitness test prescribed in the advertisement is required to be taken into consideration. In fact, Para 9 relating to medical fitness is not exhaustive with reference to Indian Railway Establishment Manual cited (supra). Further, it is to be noticed that Indian Railway Establishment Manual has a statutory provision and it is required to be strictly followed while issuing Patna High Court CWJC No.16154 of 2024 dt.12-02-2025 advertisement. If any thing is left out in the advertisement insofar as medical fitness test is concerned, in that event, Railway Authorities were permitted to take aid of the Indian Railway Establishment Manual, in order to give effect to the statutory provision like Indian Railway Establishment Manual and the same has been adhered by the Railway-Selection and Appointing Authority to the post of Traffic Apprentice/Goods Guard/Assistant Station Manager.

13. The petitioner pointed out that the post of Traffic Apprentice/Goods Guard/Assistant Station Manager were notified even for disabled persons. Therefore, if there are any defects in the physical standard, in that event, petitioner shall not be disqualified.

In other words, the post of Goods Guard handled by physically abled persons and so also with certain disabled persons. Therefore, Railway Authorities cannot insist upon to medical fitness with reference to advertisement Para 9 read with Indian Railway Establishment Manual. The aforementioned contention cannot be appreciated in the absence of challenge to the certain provisions under Para 511 of the Indian Railway Establishment Manual in which there are 12 items which have been narrated and under sub-