Kerala High Court
Akhil Mohan vs The Fertilisers And Chemicals ... on 23 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 18098 OF 2024
PETITIONER:
AKHIL MOHAN
AGED 26 YEARS
S/O. MOHAN,MYAPALLIL, MEVELLOOR P.O., VELLOOR,
ERNAKULAM DISTRICT., PIN - 686609
BY ADVS.
K.T.THOMAS
NIKHIL BERNY
RESPONDENTS:
1 THE FERTILISERS AND CHEMICALS TRAVANCORE LTD.
ELOOR, UDYOGAMANDAL REP. BY ITS MANAGING DIRECTOR.,
PIN - 683501
2 THE ASSISTANT GENERAL MANAGER
THE FERTILISERS AND CHEMICALS TRAVANCORE LTD.,ELOOR,
UDYOGAMANDAL, PIN - 683501
3 THE DEPUTY GENERAL MANAGER
THE FERTILISERS AND CHEMICALS TRAVANCORE LTD.,ELOOR,
UDYOGAMANDAL, PIN - 683501
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18098 OF 2024
2
JUDGMENT
1. Petitioner applied for the post of Craftsman (Electrical) in
answer to the Notification issued by the 1st respondent. He was
selected and included in the Merit list as Rank No.4 and he
was issued with the Appointment letter to join the duty on
25/03/2024. But after undergoing Pre-Employment Medical
Examination, petitioner received Ext.P6 Communication through
e-mail stating that he is medically unfit for the post. Ext. P6
does not reveal the ground on which he was found unfit for
the post. Petitioner states that on enquiry, he understood that
he was medically disqualified on the ground that he is having
Type 2 Diabetes Mellitus. The contention of the petitioner is
that he is only 26 years old; that he has no history of diabetes;
that he underwent two lab tests in two different Labs and the
Reports are Ext.P5, dated 23/03/2024 and Ext.P7 dated
WP(C) NO. 18098 OF 2024
04/05/2024; and that as per Ext.P5 Report, his HbA1C is 6.0%
and as per Ext.P7 HbA1C is 5.6%. Hence, the petitioner filed
this writ petition praying for a direction to quash Ext.P6
communication issued by the 1st respondent and seeking further
direction to the respondents to obtain report on Diabetes
Mellitus of the petitioner from the Medical Board provided
under FACT Pr-Employment Medical Examination procedure
based on fresh medical test and act upon the same thereafter.
2. When the Writ petition came up for admission on
21/05/2024, the learned Standing Counsel for the respondent
took notice and this Court directed the Standing Counsel to
ascertain the reason for finding the petitioner unfit for the post
and if it is on the basis of Diabetes as contended by the
petitioner, to make available the Lab Report with respect to the
same. Today when the matter came up for consideration, the
WP(C) NO. 18098 OF 2024
learned Standing Counsel for the respondents made available
the Report dated 18/03/2024 in which the HbA1C of the
petitioner is recorded as 6.6%. Another Lab Report dated
17/03/2024 issued by the St. Josephs Hospital, Manjummal is
also annexed in which the HbA1C of the petitioner is recorded
as 7.
3. The learned Standing Counsel for the respondents opposed
the prayers in the writ petition on the ground that there is an
effective alternative remedy by was of appeal available against
the decision of Medical Head under clause 11 of Ext.P4/ Pre-
Employment Medical Examination Procedure to the Chairman
and Managing Director of the 1st respondent for examination by
the Medical Board and hence the petitioner could have filed
Appeal against the decision of the Medical Head.
4. The Counsel for the petitioner submitted that the petitioner
WP(C) NO. 18098 OF 2024
was not served with the copy of the report disclosing the
reason for medical unfitness and even by Ext.P6
communication, the reason for medical unfitness is revealed and
hence he is handicapped from filing appeal before the
Chairman and Managing Director of the respondent No.1.
5. I am of the view that the respondents can not find fault
with the petitioner for not invoking the aforesaid appellate
remedy when the reason for medical unfitness is not disclosed
to him.
6. But, since, the petitioner is now furnished with the reason
for his medical unfitness, he can very well invoke the appellate
remedy under Clause 11 of Ext.P4 before the Chairman and
Managing Director of the 1st respondent with supporting
documents including Exts.P5 and P7 for contradicting the report
obtained by the 1st respondent.
WP(C) NO. 18098 OF 2024
7. I find from Clause 6.1.9(iii) of Ext.P4 that, if the diabetes
level is found abnormal, the candidate should be subjected to
detailed evaluation by a Medial Specialist. So, in any case, a
single lab test is not sufficient to hold that the petitioner is
medically unfit for the employment. The 1st respondent is liable
to conduct detailed evaluation as provided in Clause 6.1.9(iii)
of Ext.P4.
8. Accordingly, I dispose this writ petition by directing the
petitioner to file Appeal invoking clause 11.1 of Ext.P4/Pre-
Employment Medical Examination Procedure by producing the
supporting documents within a period of one week from the
date of receipt of a copy of this judgment and further directing
the Chairman and Managing Director of the 1 st respondent to
take appropriate action on the said appeal and to dispose of
the same within a further period of one month.
WP(C) NO. 18098 OF 2024
9. Since the petitioner is made out a prima facie case, I deem
it appropriate to direct the 1st respondent to keep one post of
Draftsman (Electrical) notified by the 1 st respondent vacant till
the Chairman and Managing Director takes a decision in the
matter as aforesaid.
The Writ Petition is disposed as above.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
sms
WP(C) NO. 18098 OF 2024
APPENDIX OF WP(C) 18098/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE RECRUITMENT NOTIFICATION
NO.04/2023 DATED 19.04.2023 ISSUED BY 1ST
RESPONDENT
Exhibit-P2 TRUE COPY OF THE MERIT LIST OF CANDIDATES
FOR SELECTION TO THE POST OF TECHNICIAN
(PROCESS) DATED 28.09.2023 ISSUED BY 2ND
RESPONDENT
Exhibit-P3 TRUE COPY OF THE LETTER OF OFFER OF
EMPLOYMENT DATED 15.03.2024 ISSUED BY 3RD
RESPONDENT
Exhibit-P4 TRUE COPY OF THE FACT PRE-EMPLOYMENT
MEDICAL EXAMINATION PROCEDURE
Exhibit-P5 TRUE COPY OF THE LAB REPORT DATED
23.03.2024 ISSUED BY VAIKOM TALUK URBAN
WELFARE KISCO DIAGNOSTIC CENTRE, VAIKOM
Exhibit-P6 TRUE COPY OF THE EMAIL DATED 25.03.2024
ISSUED BY THE COMPANY
Exhibit-P7 TRUE COPY OF THE LAB REPORT DATED
04.05.2024 ISSUED BY RENAI MEDICITY,
PALARIVATTOM
