Kerala High Court
Shaik Zakir Ahmed vs The Fertilizers And Chemicals ... on 11 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
WP(C) NO. 12311 OF 2021
PETITIONER:
SHAIK ZAKIR AHMED
AGED 29 YEARS
S/O. SHAIK SHAKIR AHMED, DOOR NUMBER 08-04-137, MUSLIM
STREET RANGANAYAKULA PET, NELLORE, SPS NELLORE
DISTRICT, STATE OF ANDHRA PRADESH, PIN CODE 524 001
BY ADVS.
ARUN CHANDRAN
HARIMOHAN
RESPONDENTS:
1 THE FERTILIZERS AND CHEMICALS TRAVANCORE LIMITED
REGISTERED OFFICE AT ELOOR., UDYOGAMANDAL, KOCHI
PINCODE 683501 REPRESENTED BY ITS MANAGING DIRECTOR
2 THE DEPUTY GENERAL MANAGER
HUMAN RESOURCES DEPARTMENT, THE FERTILISERS AND
CHEMICALS TRAVANCORE LIMITED, REGISTERED OFFICE AT
ELOOR, UDYOGAMANDAL, KOCHI PIN CODE 683501
BY ADVS.
M.GOPIKRISHNAN NAMBIAR
K.JOHN MATHAI
JOSON MANAVALAN
KURYAN THOMAS
PAULOSE C. ABRAHAM
RAJA KANNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12311 OF 2021
2
JUDGMENT
The petitioner alleges that solely because he has been diagnosed
to be suffering from Hepatitis B, the 1 st respondent has denied him
employment, as is evident from Exts.P11 and P14. The petitioner,
therefore, prays that the said orders be quashed and 1 st respondent be
directed to offer him employment based on the results of the
recruitment process, namely Ext.P7.
2. Sri.Jayamohan - learned counsel representing the Standing
Counsel for the respondents, answered the afore submissions of the
petitioner, made by his learned counsel - Sri.Arun Chandran, saying
that the petitioner's appointment has been cancelled since the
examining Medical Officer of the Company found him to be medically
unfit. He argued that if the petitioner has any further grievance against
the same, he can certainly present himself before a Medical Board
constituted by the 1st respondent Company, under mandate of "The
FACT Pre-employment Medical Examination Procedure". He pointed
out that, as per Clause 11 of the said procedure, the Medical Board will
comprise of the head of the medical services of the 1 st respondent -
Company, along with the Medical Officer of another Public Service
WP(C) NO. 12311 OF 2021
Undertaking/Department and an independent specialist.
Sri.Jayamohan submitted that if the petitioner is willing to submit
himself for examination by this Medical Board, his grievances will
stand allayed, especially because his singular allegation is that the
Company has found him medically unfit without following due
procedure.
3. On hearing Sri.Jayamohan as afore, Sri.Arun Chandran
submitted that his client has no objection in appearing before the
Medical Board as mentioned above; but prayed that if the said Board
finds in his favour, then the 1st respondent be directed to offer him
employment, based on Ext.P7, forthwith thereafter.
4. The afore submissions of Sri.Arun Chandran certainly are
compelling and am certain that this writ petition deserves to be
disposed of such terms.
Resultantly, I order this writ petition and direct the 1 st respondent
to constitute a competent Medical Board under Clause 11 of the
"FACT Pre-employment Medical Examination Procedure" within a
period of two weeks from the date of receipt of a copy of this
judgment, who will thereafter notify the petitioner to appear before
WP(C) NO. 12311 OF 2021
them. Since the petitioner is stated to be traveling from
Andhrapradesh, the Medical Board will give him sufficient time to
appear before them; and he will be then subjected to a proper
examination, leading to an apposite opinion to be recorded by them.
The afore procedure shall be completed by the Medical Board within a
period of one month from the date on which they are constituted in
terms of the afore directions.
Needless to say, if the Medical Board so constituted finds the
petitioner to be medically fit to be granted employment, the 1 st
respondent will then advert to Ext.P9 judgment of this Court as also
Exts.P11 and P12 certificates and offer employment to the petitioner
based on Ext.P7 offer letter given to him in the year 2019, dehors
Ext.P11 and P14.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS/11/08/2021
WP(C) NO. 12311 OF 2021
APPENDIX OF WP(C) 12311/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RECRUITMENT NOTIFICATION
DATED 30-04-2019
Exhibit P2 TRUE COPY OF THE APPLICATION SUBMITTED
THROUGH ONLINE MODE
Exhibit P3 TRUE COPY OF THE ADMIT CARD ISSUED BY THE 1ST
RESPONDENT
Exhibit P4 TRUE COPY OF THE LIST PUBLISHED ON 02-08-2019
Exhibit P5 TRUE COPY OF THE CALL LETTER DATED 08-08-2019
REQUIRING THE PETITIONER TO APPEAR FOR THE
DOCUMENT VERIFICATION ON 19-08-2019
Exhibit P6 TRUE COPY OF THE MERIT LIST OF CANDIDATES
PUBLISHED ON 23-09-2019
Exhibit P7 TRUE COPY OF THE OFFER LETTER ISSUED BY THE
1ST RESPONDENT TO THE PETITIONER THROUGH E-
MAIL
Exhibit P8 TRUE COPY OF THE TEST RESULT DATED 23-10-2019
Exhibit P9 TRUE COPY OF THE FITNESS CERTIFICATE ISSUED
BY THE GASTROENTEROLOGIST ATTACHED TO RENAI
MEDICITY, PALARIVATTOM DATED 31-10-2019
Exhibit P10 TRUE COPY OF THE COMMUNICATION ATTESTED BY
THE 2ND RESPONDENT DATED 04-11-2019
Exhibit P11 TRUE COPY OF THE MEDICAL CERTIFICATE DATED
22-11-2019 ISSUED BY THE ASIAN INSTITUTE OUT
GASTROENTEROLOGY HOSPITAL IN HYDERABAD.
Exhibit P12 TRUE COPY OF THE PHYSICAL FITNESS AND HEALTH
CERTIFICATE DATED 05-12-2019.
Exhibit P13 TRUE COPY OF THE REQUEST DATED 09-12-2019.
Exhibit P14 TRUE COPY OF THE COMMUNICATION DATED 13-04-
WP(C) NO. 12311 OF 2021
2020 RECEIVED BY THE PETITIONER VIA E-MAIL ON
15-04-2020
Exhibit P15 TRUE COPY OF THE RELEVANT PAGES OF THE
NOTIFICATION DATED 01-01-2020
Exhibit P16 TRUE COPY OF THE LIST OF CANDIDATES SHORT
LISTED
Exhibit P17 TRUE COPY OF THE PROCEEDINGS OF THE 2ND
RESPONDENT DATED 22-09-2020
Exhibit P18 TRUE COPY OF THE LITERATURE ON HEPATATIES B
OF THE WORLD HEALTH ORGANISATION DATED 27-07-
Exhibit P19 TRUE COPY OF THE JUDGMENT REPORTED IN AIR
1997 BOM.406
