Research › Search › Judgment

Rajasthan High Court · body

2005 DIGILAW 1160 (RAJ)

Davendra Kumar Mittal v. Union of India

2005-04-19

HARBANS LAL, V.K.BALI

body2005
Judgment Harbans Lal, J.-The instant petition under Articles 226 and 227 of the Constitution of India is directed against the Judgment dated 01.06.2001 passed by the learned Central Administrative Tribunal, bench at Jaipur (here-in-after in short referred to as the Tribunal), whereby the OA No. 175/94 filed by petitioner Davendra Kumar Mittal has been partly allowed and the respondents have been directed to have a joint meeting of all the respondents and decide the post on which the petitioner is entitled to be appointed on the basis of medical report of the second Medical Board and thereafter to issue his appointment order specifying the post and if he accepts such order, they shall issue further posting order of the petitioner on that post. The Tribunal has granted three months time to the respondents for compliance of the aforesaid order. 2. Briefly stated, the relevant facts necessary for the decision of this petition are that the petitioner having passed B.E. (Four Years Scheme), applied for Engineering Services Examination, 1991 conducted by the Union Public Service Commission. He was selected and was recommended for Civil Engineering Service. He was offered appointment vide order dated 10.12.1992 (Annexure A-9) on the post of Deputy Superintending Surveyor (in Survey of India) subject to pre-enrolment formalities. He was subjected to the requisite medical test. But he was declared medically unfit for all services vide order dated 24.06.1992(Annexure A-5) by the Railway Board, Ministry of Railways, Government of India. The petitioner filed an appeal against the said order which was partly allowed and upon second medical check-up was declared medically unfit for all services except category No. (7) vide order dated 09.09.1992. As a result thereof , his candidature for recruitment to the post of Deputy Superintending Surveyor in Survey of India, Group A service was cancelled vide letter dated 211.1993 (Annexure -1) and letter dated 212.1993 (Annexure 2) on medical grounds due to physical defect. He then filed an Original Application out of which this petition has arisen before the Tribunal challenging the above orders and with the prayer that if the petitioner is not found fit for other categories, at least he is entitled for appointment for the post under Category No. (7), where-upon the Tribunal after hearing the parties and considering their rival contentions as well as the record passed the impugned order as indicated above. 3. 3. We have heard learned Counsel for the parties and with their assistance perused the record. 4. Learned Counsel representing the petitioner has contended that the respondents cannot withdraw/cancel the offer of appointment on the ground that the petitioner does not possess necessary medical fitness. Once he has been declared medically fit by the Appellate Medical Board for all posts falling under category (7) including posts in the Department of Survey of India. He has submitted that the Tribunal has committed error in not quashing the impugned orders Annexures -1 and 2. 5. Learned Counsel appearing on behalf of Union of India has supported the order of the Tribunal. He has submitted that the post of Deputy Superintending Surveyor in Survey of India is a post for which lot of walking and movement is required. The petitioner having certain physical deficiencies cannot discharge duties of this kind. Therefore, the impugned order cancelling his candidature for recruitment to the said post has been rightly passed. 6. It is not in dispute that the petitioner was successful in Civil Engineering Services Examination, 1991 conducted by the UPSC and was selected and recommended for appointment to the post notified, subject, however, to the fulfilment of the pre-enrolment formalities. It is also not in dispute that the petitioner was found medically unfit for all seven categories of posts due to physical deficiencies. The petitioner preferred an appeal and the second medical board declared him fit for all services in category (7). The post of Deputy Superintending Surveyor of Geological Survey of India has been included in category (3) vide Annexure R-1 dated 212.1992 issued by the Government of India, Ministry of Science and Technology. The said post, therefore, does not fall under Category (7) for which the petitioner was found fit. It is only under these circumstances that his candidature regarding the post of Deputy Superintending Surveyor has been cancelled by the orders Annexures 1 and 2. 7. It is contended by the learned Counsel for respondent No. 2 that the petitioner cannot be appointed in any service of department even on the basis of second medical report. However, it was not the case of the respondents that the petitioner was not entitled for appointment on any post mentioned in category (7) for which he was found medically fit by the second medical board. However, it was not the case of the respondents that the petitioner was not entitled for appointment on any post mentioned in category (7) for which he was found medically fit by the second medical board. Since, the issue was not examined by the respondents as to on which post the petitioner could be appointed on the basis of this second medical report, the Tribunal has passed the above order, though, it has declined to quash the orders Annexures 1 and 2. 8. After thorough and careful consideration of the rival contentions of the parties and the order passed in the OA, we do not find any infirmity or illegality in the impugned order. The order of the Tribunal appears to be reasonable and just. The petitioner cannot claim appointment on a post for which he is found to be medically unfit. The matter having been already decided in his favour for consideration, there is no occasion to call for any interference in the impugned order. If it is found by the joint meeting of all the respondents that the petitioner is entitled to be appointed on the basis of the medical report of the second medical board on any post mentioned in Category (7), he shall be given appointment on such post if he is ready any willing to accept the same. 9. Consequently, there being no cogent and valid reason to interfere in the impugned order, the writ petition deserves to be and is hereby dismissed in limine.