HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 28 Case :- WRIT - A No. - 69982 of 2006 Petitioner :- Atif Ahmad And Others Respondent :- The M.D., U.P.S.R.T.C. And Others Petitioner Counsel :- Ishwar Chandra,Rohit Kumar Singh Respondent Counsel :- B.R. Gupta,Sc Hon'ble Ritu Raj Awasthi,J.
Heard learned counsel for the petitioners and Sri Ajay Kumar Srivastava holding brief of Sri Samir Sharma, learned counsel for the U.P.S.R.T.C.
Learned counsel for the petitioners submits that the petitioners were restrained from being appointed on the post of Drivers till a decision from the medical department is received with regard to the partial colour blindness. The said order was passed in the year 2005 but till date neither any re-medical examination of the petitioners has been held nor any report has been received from the medical department and as such the petitioners have not been given appointment, although they stand selected in the examination held for the post in question.
Learned counsel further submits that the petitioners are ready to face the re-medical examination in case the Court so directs. In support of his submissions he has relied on a decision of this Court in the case of Jai Prakash Mishra Vs. U.P.S.R.T.C. dated 28.10.2006 passed in the Writ Petition No. 4012 (SS) of 2006. It appears that no decision has been taken by the respondents.
It is hereby provided that the respondents shall allow the case of the petitioners to be re-examined by the Medical Board or by the Chief Medical Officer of a Government hospital and the report shall be obtained with respect to the alleged partial colour blindness of the petitioner. The said exercise shall be done within a period of one month from the date a certified copy of this order is produced before the opposite party no. 3. The report so obtained from the Medical Board shall be placed before the Court on the next date.
List this case after six weeks.
Order Date :- 29.7.2011