Court No. - 38
Case :- WRIT - A No. - 14996 of 2019 Petitioner :- Sushma Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Raj Kumar Sharma Counsel for Respondent :- Vikash Chandra Tripathi
Hon'ble Ashwani Kumar Mishra,J.
Petitioner has applied for appointment to the post of Sub Inspector in Railway Protection Force. It appears that petitioner had qualified different stages of recruitment but has been ultimately declared medically unfit. The ground taken in that regard is that petitioner's vision is defective. The communication issued by the office concerned on 21.06.2019 contains a note that in terms of para 522 of Indian Railway Manual, petitioner may prefer an appeal to the higher medical authority i.e. Principal Chief Medical Officer, North Eastern Railway, Gorakhpur annexing medical certificate in prescribed format and a sum of Rs. 1000/-. Petitioner states that she has got herself medically examined from two Government Hospitals and it has been certified that petitioner's eye sight is normal. Such materials has been sent but the representation of petitioner in that regard has been rejected by the order impugned dated 30.08.2019. This order records that in view of the letter dated 28.08.2019 of the Principal Chief Medical Officer, North Eastern Railway, Gorakhpur, petitioner's claim is rejected. It is urged that neither petitioner has been medically examined afresh, nor any reasons have been assigned for rejecting petitioner's candidature.
Sri V.C. Tripathi, learned counsel appearing for respondents submits that in light of the medical certificates annexed along with this petition, the authority concerned shall revisit the issue.
In that view of the matter, this petition stands disposed of with a direction upon Principal Chief Medical Officer, North Eastern Railway, Gorakhpur to examine petitioner's claim in light of the certificates annexed by the petitioner in terms of para 522 of the Indian Railway Manual, within a period of six weeks from the date of presentation of a certified copy of this order. In order to facilitate afresh consideration of cause, the order impugned dated 30.08.2019 stands quashed.
Order Date :- 26.9.2019 Abhishek Singh