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Judgment
PER: DR. SANJIV KUMAR, MEMBER (A)
The present Original Application (OA) has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:-
“(a)Quash o/o the CWM Central Workshops Mysore South, letter No. S/P.509/IV/KK/2024, dated-20.08.2024 and Medical Certificate issued by Divisional Medical Officer, Divisional Railway Hospital SWR Mysore-570020, dated-07.08.2024. Annexure A-4. Issued by Respondent no 2.
(b)Quash o/o the CWM, Central Workshops Mysore South, letter No.S/P.509/IV/KK/2024, dated-12.11.2024. Annexure A-7. Issued by Respondent no 2.
(c)Quash o/o the Chief Medical Superintendent, Hubli-5800020, letter No.H/MD.84/RME/2024/KK, dated-24.10.2024 Annexure A-8. Issued by Respondent no 3.
(d)Consequently, Direct the Respondent to either relax the conditions for appointment on Medical reasons, or to constitute a Independent Medical Board, other than Railway Hospitals to Re examine for Medical test of applicant.
(e)Grant any other relief as deemed fit into the facts and circumstances of the case in the interest of Justice & Equity.
The applicant has sought the aforesaid reliefs on the following grounds:-
“5(a). The applicant submits that he was selected for the post of Trainee Technician-III in level 2(GP-1900) in Mechanical Dept of Mysore Workshop, after conducting Medical Examination on 29.08.2019.
5(b). The offer of appointment as Trainee Technician-III level 2 (GP-1900) in Mechanical dept was offered on 08.07.2024,
5(c). The applicant was informed regarding the medical report, which stated that applicant was found unfit for the appointment in Medical Classification Cey-One due to left 4th Brachy Metatarsal foot which is non-correctable deformity vide medical report dated-07.08.2024.
5(d). The applicant on appeal was permitted for Re-medical Examination, the Medical Officer, SNMMCH Dhanbad Certified as "Shorting of fourth toes. (Congenital), can do work properly".
5(e). The Respondents again conducted Re-medical Examination on 24.10.2024, and declared the applicant as unfit for appointment from the medical report it reveals that the applicant is having slightly overlapping toes. This cant be a factor for making ineligible for appointment.
5(f). In accordance with the Speaking order by Chief Medical Superintendent Hubli-580020, it was stated that the applicant was initially examined on 30.08.2019, and was declared fit. In accordance with Rule 511(1) of RMM Vol I, which states as "A candidate as well as a serving Railway employee must be in good mental and bodily health and free from any defect likely to interfere with the effective performance of duties of his appointment". The Medical certificate dated 30.08.2019, and 23.08.2024, declares that applicant is fit for employment.
5(g). The applicant submits that Rule 511(1) of RMM Vol-1, for category C1 and C2 will not be required to undergo any re Examination during the course of their service unless specifically directed. Insite of the above provisions the applicant was repeatedly referred for medical examination in violation of Rules.
5(h). The applicant submits that in accordance with Rule 522, provision for reconsideration of adverse medical reports and provision 523, regarding relaxation of standards, relaxation at Re-examination of standards, relaxation at Reexamination, were not considered by Respondents in Applicant’s Case.
5(i). Therefore, the applicant submits that with ulterior motives/malafide intensions, the applicant was declared unfit for appointment, even though initially he was found fit during 2019 and again on 2024, intentionally subjected frequent Medical Examination, even before appointment, with deliberate intention to deny him appointment, for unknown reasons. Therefore, denying him appointment declaring unfit is arbitrary, illegal, and abuse of power. Hence the OA.”
The brief facts of the case, as mentioned in the synopsis are as follows:-
“The applicant applied for the post of Trainee Technician-III in Level 2(GP1900) in Mechanical Dept of Mysore Workshop in accordance with notification SWR/P.563/CEN-01/2018, CEN-03/2018. Based on the performance of in the aptitude test, the applicant was provisionally short listed for verification of documents vide letter dated 19.08.2019. The Railway Board issued instruction to Zonal Railway Managers, regarding filling up of posts vide letter dated-08.01.2024. The Office of Chief Workshop Manager, Mysore issued the offer of Appointment to the applicant dated 08.07.2024. The Chief Works Manager Mysore South, informed the applicant that in Medical Examination the applicant was found unfit, vide letter dated 20.08.2024. The applicant submitted a request letter for permission for the Re-medical test on 27.08.2024. In the Re-medical test, it was Certificate stating that "Can do Work Properly" vide letter dated 23.08.2024. The applicant was again referred to Re-medical Examination, dated 24.10.2024, and the medical report dated 24.10.2024, declared unfit the applicant. A Speaking order dated 24.10.2024, was issued by Chief Medical Superintendent, Hubli-580020, declaring the applicant unfit for appointment. The applicant submits that the Railway Medical Board, declared unfit for appointment of applicant, based on the reason, that there is deformity in (Lt) foot. The Medical Certificate issued by Medical Officer Dhanbad declared that "Can do work. Properly. Therefore, the respondents failed to use the discretionary power, vested with them to relax the condition for Appointment. Therefore, rejection for appointment is arbitrary, illegal and in violation of Railway Board, orders. Hence the OA.”
On notice, the respondents have filed their reply statement. No rejoinder has been filed.
The case was taken up for final hearing on 10.09.2026. Shri P. Kamalesan, learned counsel for the applicant, and Shri S. Sugumaran, learned counsel for the respondents, were present and heard.
We have carefully perused the entire record and considered the rival submissions.
From the submissions of both the parties, it is evident that the basic facts of the case is not denied. In accordance with the employment notice No. CEN 01/2018, the applicant applied for the post of Trainee Technician-III in level 2 and based on his performance in the 1st stage CBT & Compute based Aptitude Test, the applicant was provisionally shortlisted for verification of documents vide letter No. RRB/BNC/RT/01/2018 dated 19.08.2019. Vide letter dated 08.01.2024, Railway Board issued instructions to all General Manager regarding filling up of posts by stand by candidates vide CEN 01/2018 (Technicians), letter No. 2022/E(RRB)/25/08. And an offer of Appointment was issued as Trainee Technician-III in Level 2 (GP-1900) in Mechanical Dept of Mysore Workshop/South Western Railway, vide letter No. S/P.509/IV/KK/2024, dated 08.07.2024, and subsequently vide letter No. S/P.509/IV/KK/2024, O/o CWM Central Workshops Mysore South informed the applicant that he was unfit for appointment to the post of Trainee Technician Grade-III in Medical Classification Cey-One (C1) due to left 4th Brachy Metatarsal foot which is non-correctable deformity as advised by DMO/DRH/MYS, vide Medical Certificate dated 07.08.2024.
The applicant submitted a request letter to Chief Medical Superintendent South Western Railway Hubli, on 07.08.2024 requesting to grant permission for Re-medical test.
The O/o CWM Central Workshops Mysore South, vide letter No. S/P.509/IV/KK/2024 dated 12.11.2024 informed the applicant that on appeal he has been found unfit in Cey-One (C1) vide Medical Report dated 24.10.2024 and the O/o Chief Medical Superintendent, Hubli , issued Speaking Order vide letter No. H/MD.84/RME/2024/KK, dated 24.10.2024.
The applicant states that he has shorting of Fourth toes (congenital) and he can work properly. Whereas, the Railway Medical Authorities declared the applicant as unfit for appointment, as non-correctable deformity, the said decision the applicant asserts is non transparent and violative of provisions of Medical Examination of Railway employees Chapter V.
At the time of the arguments, our attention is drawn to Chapter V Medical Examination Para 509 (2) of IREM, which reads as following:
“(2)The details of these examinations are given below. Detailed guidelines explaining procedures of medical examination and specific diseases affecting fitness of staff are given in Annexure III to this Chapter. All medical officers conducting medical examination should get themselves familiarised with these guidelines.
Note:-(1) The General Manager may relax the provision in the case of candidates for temporary appointment to the posts in the non-gazetted service including class IV and labourers' grades, other than posts falling in Group A(medical classification), as given in para 510 (1) below.
(2)General Managers shall have the authority to consider request from candidates(both technical and non technical), who fail in prescribed medical examination after empanelment by RRB, for their appointment in alternate category subject to fulfilment of the prescribed medical standard, educational requirement and other eligibility criteria for the same grade post in alternate category. If a candidate for a technical category fails in the medical examination prescribed for that category, he/she may be considered for an alternate technical category. If found fit medically for that category, provided he/she possesses the requisite qualification and there is a shortage in that category.”
The content of the same is not denied by the respondents. The applicant asserts that the notes to the Para 2 clearly mentions that the General Manager may relax the provision in the case of candidates for temporary appointment to the posts in the non-gazetted service including class IV and labourer’s grades, other than posts falling in Group A (medical classification), as given in para 510(1) below therein. It further mentions at note (2) that the General Managers shall have the authority to consider request from candidates (both technical and non-technical), who fail in prescribed examination after empanelment by RRB, for their appointment to alternate category, subject to fulfilment of the prescribed medical standard, educational requirement and other eligibility criteria for the same grade post in alternate category. If a candidate for a technical category fails in the medical examination prescribed for that category, he/she may be considered for an alternate technical category. If found fit medically for that category, provided he/she possesses the requisite qualification and there is a shortage in that category.
The applicant asserted that his case has not been examined and considered by the authorities with reference to this provision and the respondents could not shed any further light to the same.
Considering the facts of the case, we are of the considered view that ends of justice will be met if we pass the following order:
ORDER
The applicant is permitted to request to consider his candidature for appointment in an alternate category. On submission of such request, Respondent No.4 shall consider the same in accordance with para 509(2) of IREM Chapter V and a decision shall be made in an expedite manner in any event not later than 12 weeks from the receipt of the certified copy of the order.
No order as to costs.