Patna High Court
Vineet Prakash vs The Union Of India on 12 February, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Sunil Dutta Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16154 of 2024
======================================================
Vineet Prakash Son of Sri Vinay Sharma Resident of Village-/Mohalla- B-
528, Sonalika Co-Operative Colony, Ranipur (Paijaba), P.O. Jhauganj, P.S.
Bypass, District - Patna-800008.
... ... Petitioner/s
Versus
1. The Union of India Ministry of Railways, through its Secretary, Rail
Bhawan, 256-A, Raisina Road, Raj Path Area, Central Secretariat New
Delhi-110001.
2. Railway Recruitment Board, Mahendru Ghat, Patna through its Chairman
Patna-800004 (Bihar)
3. The Principal Chief Mecical Director, East Central Railway, Hajipur P.O.-
Digghikala, P.S.-Hajipur (Town), District-Vaishali-844101 (Bihar).
4. The Divisional Railway Manager, East Central Railway, Sonepur, P.O. and
P.S.-Sonepur, District-Saran-841101 (Bihar).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vineet Prakash ( In Person )
For the Respondent/s : Mr.Additional Solicitor General
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 12-02-2025
Petitioner in-person - Vineet Prakash has assailed the
order of CAT dated 12.07.2023 passed in O.A. No. 572 of 2021
along with M.A. No. 62 of 2022.
2. Petitioner is a candidate for recruitment to the post for
Traffic Apprentice, Goods Guard & Assistant Station Master
pursuant to the advertisement dated 26.12.2015. He was subjected
to process of recruitment and he had qualified up to the stage of
issuance of provisional appointment as a Goods Guard on stipend
Patna High Court CWJC No.16154 of 2024 dt.12-02-2025
2/15
as admissible per month plus usual allowances as per extent rules
in the light of communication of the respondent dated 13.12.2018
vide Annexure-P/3 to the rejoinder to the counter affidavit on
behalf of the Respondent Nos. 1 to 4. Thereafter, he was subjected
to medical fitness test. In the medical fitness test, he was found to
be not fit, such decision has been taken by the Medical Board.
Medical Board has recorded in their conclusions and it reads as
under:-
"6. Conclusion:- After examining
clinically and radiologically, it is concluded
that Mr. Vineet Prakash, IME Candidate for
Goods Guards is suffering from hereditary
Multiple exostosis with restricted squatting
with valgus deformity Lt.Knee with short Lt.
Upper Limb with gynaecomastia. The
condition is congenital and has malignant
potential with chances of pathological
fracture. Further there is limited ROM of Lt.
Ankle leading to difficulty in squatting which
can hamper his duty. As per IRMM chapter V
para 511(1), 511(2), 511(3f), he is unfit as
candidate for Goods Guard is medical safety
Category A-2(Aye two)."
3. Resultantly, he was not drafted to undergo training
before regularly appointing/posting to the post of Goods Guard.
4. This is second round litigation on behalf of the
petitioner. In the earlier litigation before the CAT, there were
certain directions to the concerned official respondents to subject
the petitioner for re-medical examination. Thereafter, once again
Patna High Court CWJC No.16154 of 2024 dt.12-02-2025
3/15
he was subjected to medical fitness in which also he was not found
fit in the medical examination.
5. Feeling aggrieved by the respondent's action insofar
as disqualifying the petitioner in the medical test, he has invoked
remedy before the CAT in filing O.A. No. 572 of 2021 under
Section 19 of the Administrative Tribunal Act, 1985. The Tribunal
rejected the petitioner's Original Application. Hence, the present
writ petition.
6. Petitioner vehemently contended that petitioner
cannot be subjected to medical test beyond item no. 9 of the
advertisement - medical fitness test which is part and parcel of
advertisement dated 26.12.2015. On the other hand, official
respondents while subjecting petitioner for a medical fitness test
they had gone beyond the test stipulated in Para 9 of the
advertisement dated 26.12.2015. Therefore, whatever the medical
test beyond the test prescribed in the advertisement cannot be
taken into consideration for the purpose of determining whether
petitioner is medically fit or not? It is also submitted that the
aforementioned post was reserved for disabled persons, in such an
event question of finding any infirmity in the physical fitness is
incorrect. Therefore, the respondents have committed error in
disqualifying the petitioner and so also such disqualification
Patna High Court CWJC No.16154 of 2024 dt.12-02-2025
4/15
affirmed by the CAT is not in order in the light of Para 9 of the
advertisement dated 26.12.2015.
7. Per contra, learned counsel for the respondents
resisted the aforementioned contentions and submitted that
Chapter 1 of Indian Railway Establishment Manual deals with
recruitment, training, confirmation and re-employment. Under the
aforementioned chapter, Para 113 read with Para 511 are relevant
for the purpose of subjecting medical examination of the petitioner
among others for the post of Traffic Apprentice/Goods
Guard/Assistant Station Manager. Therefore, not exhaustively
mentioning the medical fitness of a candidate in the advertisement
and taking the materials in the India Railway Establishment
Manual for the purpose of medical fitness test of a candidate and
restricting to whatever the medical fitness test stipulated in Para 9
of the advertisement would not hold good. In view of the language
employed in the note under Para 9 of the advertisement dated
26.12.2015
.In the light of these material information the petitioner
has not made out a case and there is no infirmity in CAT order
dated 12.07.2023 passed in O.A. No. 572 of 2021.
8. Heard learned counsels for the respective parties.
9. Core issue involved in the present lis is whether
petitioner is medically fit to hold the post of Goods Guard in the
light of provisions for appointment as a Goods Guard dated
Patna High Court CWJC No.16154 of 2024 dt.12-02-2025
13.12.2018 or not? The petitioner was subjected to Medical Board
in which he was found not fit. Thereafter, he had invoked remedy
before the CAT and CAT had issued a direction for re-medical
examination of the petitioner and in the re-medical examination
also he was found unfit. Thereafter, once again he has knocked the
door of CAT and suffered an order. It is necessary to re-produce
portion of the advertisement, in particularly Para 9, it reads as
under:-
"9. MEDICAL FITNESS TEST:
Candidates recommended for
appointment will have to pass requisite medical
fitness test(s) conducted by the Railway
Administration to ensure that the candidates are
medically fit to carry out the duties connected
with the post. Visual Acuity Standard is one of
the important criteria of medical fitness of
railway staff. The medical requirements against
different medical standards for different
categories are outlined below:
(a) A-2: Physically fit in all respects.
Visual Standards-Distance Vision: 6/9, 6/9
without glasses. Near Vision: Sn: 0.6, 0.6
without glasses and must pass test for Colour
Vision, Binocular Vision, Field of Vision & Night
Vision.
(b) C-1: Physically fit in all respects.
Visual Standards-Distance Vision: 6/12, 6/18
with or without glasses. Near Vision: Sn: 0.6, 0.6
with or without glasses when reading or close
work is required.
Note: (1) Before indicating option(s)
for categories in ONLINE Application, the
applicant must ensure that he/she fulfills the
prescribed medical standards for that
category/post. (ii) Candidates qualifying in
examinations for these posts but failing in
prescribed medical examination(s) will not,
under any circumstances, be considered for any
Patna High Court CWJC No.16154 of 2024 dt.12-02-2025
alternative appointment. (iii) Candidates who do
not fulfill the prescribed medical standards need
not apply. (iv) The above medical standards
(Criteria) are indicative and not exhaustive and
apply to candidates in general. (v) For Ex-
Servicemen different standards apply."
[Underline Supplied]
10. Similarly, Indian Railway Establishment Manual,
Para Nos. 113, 124 and 511 reads as under:-
"113. The names of successful
candidates who are recommended by the
Railway Recruitment Boards or selected by the
Railway Admn. themselves for appointment on
Indian Railways will be exhibited on notice
boards, in the Recruitment Board's office,
Employment Exchange concerned and published
as "news item" in the newspapers free of cost as
also by the Railway Administrations in their
Divisional and Headquarters offices. Selection
of a candidate by a Board or a Railway
administration is, however, no guarantee of
employment on the railway which is subject to
his qualifying in the prescribed medical
examination and to his being otherwise suitable
for service under Government.
(iii) GUARDS
124. (1) The posts in the category of
Goods Guards in the pay scale of Rs.4500-
7000(RSRP) will be filled as under:
(i) 60% by general selection from
amongst serving regular employees with a
minimum of three years service working in
Grade Pay Rs.1900/-( level-2) to Rs. 2400/-
(level-4), in the categories of Train Clerks(GP
Rs. 2000), (level-3)/Sr. Train Clerks, (GPRs:
2400), (level4),Commercial Clerks (GP Rs.
2000), (level-3), Ticket Collectors (GP Rs. 2000),
(level-3), Cabin man(GP Rs. 1900), (level-2) &
(GP Rs. 2400), (level -4),
Switchmen/Leverman/Points man/ Shuntman(GP
Rs. 1900), (level-2),' and Asst. Guards(GP Rs.
1900), (lewil-2) /Sr. Asstt. Guards(GP Rs. 2400),
Patna High Court CWJC No.16154 of 2024 dt.12-02-2025
(level-4): Individual quotas for each of these
categories being fixed by the Zonal Railways.
(ii) 15% by LDCE plus shortfall, if
any, against (i) above, from amongst serving
regular non-ministerial employees in Operating
and Commercial Departments with a' minimum
of three. years regular' service, working in GP
RS.1800 (Level-i) to GP Rs. 2400 (level-4) up to
40 years of age (45 years in case of SC/ST) with
educational qualification of Graduation;
(iii) 25% by direct recruitment through
Railway Recruitment Boards with graduate
qualification.
(iv) Shortfall in General Selection as
per (i) above to be added to LDCE and shortfall
in LDCE will be transferred to GDCE quota
open for all Departments.(Authority: Board's
letter No. E(NG)I-2012/PM1/22dated
12.05.2017)
(3) Channel of Promotion/Higher
grades ;--
The following higher grades are
available in this category :--
511. General physical examination:-
(1) A Candidate as well as a serving Railway
employee must be in good mental and bodily
health and free from any defect likely to interfere
with the effective performance of the duties of his
appointment.
(2) Examiners will use their own
discretion as to the scope of the general physical
examination in each case and will judge cases
on their merits, taking into consideration the
prospective duties of the examinee as also the
age of the examinee and need for continued
fitness for the remaining years of service.
(3) Measurement of height, weight and
chest girth will be recorded if specifically
required. The skin, the connective tissues, the
circulatory, respiratory, digestive, nervous,
genitourinary, skeletal and muscular system will
be subjected to such examination as is deemed
necessary. The principal points attended to are
connected with ascertaining:-
(a) the condition of heart and lungs;
Patna High Court CWJC No.16154 of 2024 dt.12-02-2025
(b) the condition of teeth and gums
(well filled teeth will be considered as sound);
(c) whether there is any evidence of
abdominal disease;
(d) whether there is any hernia or
tendency to hernia;
(e) whether there is any degree of
hydrocoele, varicose veins or piles;
(f) whether there is free movement of
the joints;
(g) whether there is any inveterate skin
disease;
(h) whether hearing in each ear is
good and whether there is any disease of the ear;
(i) whether there is any speech defect;
(j) whether there is any contagious
disease of the eyes or any other condition likely
to lead to impairment of vision;
(k) whether there is any acute or
chronic disease pointing to an impaired
constitution; and
(l) whether there is any communicable
disease.
Note:- No candidate whose chest
measurement is less than 81.3 cms unexpanded
and 86.4 cms expanded and whose height is less
than 167.6 cms [except hill-man and other
exempted class in whose case it should not be
less than 160 cms] shall be enlisted for
recruitment in Railway Protection Force.
Recruits for appointment as Sainiks who are
between 18 and 20 years and who show signs of
growing and filling out may, however, be enlisted
if they are 165.1 cms in height and 76.2 cms un-
expanded and 81.3 cms expanded in chest
measurement provided that the medical officer
concerned certifies that the recruit is under 20
years of age and that he is likely to attain
standard measurement.
[Underline Supplied]
(4) Hearing: In the examination of
hearing of the candidate/serving employee, the
speaking voice test will be employed. The
examiner will speak in any ordinary
conversational voice; the examinee will be at a
Patna High Court CWJC No.16154 of 2024 dt.12-02-2025
distance shown in the note below and with
his/her back to the examiner, will be separately
tested for each ear by the occlusion of the other
ear or the use of Barrany's whistle, if this is
available.
Candidates: (i) on appointment, the
testing distance will be 6 meters for each ear for
all categories.
(ii) The use of hearing aid should not
be permitted for candidates in categories 'A' and
'B'.
Employees: (i) on re-examination, the
testing distance will be 3 meters for all
categories of staff.
(ii) The use of hearing aid should not
be permitted for Railway employees in
categories 'A' and 'B'. However, it may be
permitted at the discretion of the Chief Medical
Director in Categories, B-1 and B-2. Relaxation
of standards of hearing in certain categories like
Boiler maker etc., may be given by the Chief
Medical Director
(5) Speech:
Candidate: Stammering is not to be
considered a serious defect disqualifying a
candidate in clerical duties, especially such of
them as do not have to come in direct contact
with the public.
Employees: for serving Railway
employee, stammering is not to be considered a
serious defect in clerical duties, especially such
of them as do not have to come in direct contact
with the public. However, in cases where slight
speech defects have been detected during the
course of periodical medical examination of
Railway employee who has put in a number of
years of service, the Chief Medical Director may
consider relaxation in all types of cases, in
consultation with the department concerned.
(6) Head injuries:- Candidates and
serving employees in categories A-1, A-2 and A-
3, when they come up for medical examination
or re-examination, should give a declaration if
they had a head injury earlier and if so, a history
of the case, even though fully cured at the time of
declaration. In the case of persons with past
Patna High Court CWJC No.16154 of 2024 dt.12-02-2025
history of loss of memory, a full neurological
examination and a fitness certificate from a
neurologist would be required. As instances are
known where temporary loss of memory and
some other mental disturbances have occurred in
such cases, it is desirable that a close watch is
kept on all such cases of head injury in the foot-
plate staff, specially drivers, and followed up, to
ensure that there is no recurrence of loss of
memory in such persons.
(7) Physically handicapped: (i)At the
time of medical examination of the physically
handicapped, namely the blind, the deaf/deaf
mute and the orthopedically handicapped, ( for
each of the categories 1% of the posts in C and
D groups have been reserved), the medical
officer should find out the individual's suitability
for the appointment against the post nominated
for the handicapped persons with the
instructions given and ensure that the proposed
appointment is without much detriment to the
efficiency and the physically handicap is not
likely to hamper the work or enhance the
occupational risks to the worker himself or to the
others, especially if the post happens to be in the
sheds and work shops or in station yards, along
railway tracks and on bridges etc. Although the
intention is to help such physically handicapped
persons duly waiving the physical standards
which ordinarily stand in the way of their being
passed fit, it is clarified that no relaxation are to
be made in visual standards while considering
cases of physically handicapped persons for
appointment under the deaf and orthopedically
handicapped quota, excepting in the categories
of clerks to the extent that they may be examined
as per standards of C-2 though they belong to C-
1. Certain posts should be earmarked for being
filled up by only disabled persons eg., Lift man,
Daftry, Office Clerks, Care-takers etc.
(Rly Bd.'s No. 79/H/5/10 dt.
28/06/1979)
(ii) The categorisation of physically
handicapped person for the purpose of
reservation in employment is as below:-
Patna High Court CWJC No.16154 of 2024 dt.12-02-2025
a) The blind: The blind are those who
suffer from either of the following conditions:
1.Total absence of sight.
2.Visual acuity not exceeding 6/60 or
20/200 (Snellen) in the better eye with correcting
lenses.
3.Limitation of the field of vision
subtending an angle of 20 degrees or worse.
b) The deaf: The deaf are those in
whom the sense of hearing is nonfunctional for
ordinary purposes of life. They do not hear,
understand sounds at all events with amplified
speech. The cases included in this category will
be those having hearing loss more than 60
decibels in the better ear (profound impairment)
or total loss of hearing in both ears.
c) The orthopedically handicapped:
The orthopedically handicapped are those who
have a physical defect or deformity which causes
an interference with the normal functioning of
the bones, muscles and joints.
(Bd.'s No.E(NG)III-77RC1/54 dt.
08/01/78 and No. 2003/H/23/4 dt 12-3-3)
iii) Candidates:- As and when
handicapped persons are recommended by the
Employment exchange for employment against
Group C and Group D posts, they should be
examined by CMS/MS in charge of the division
and decision taken in consultation with the
department concerned.
iv) Employees: The cases should be
decided by the CMS/MS in charge of the division
in consultation with the departmental officers
taking into account the nature of disability and
duties of the post.
Note: Such of the serving Railway
employees who lose one of their hands while in
service may not be put against train working
duties, particularly those involving operation of
any equipment.
8) Urine:
Candidates & Employees: In A-1
Urine examination is compulsory.
Other categories: Urine will be
examined if the examinee is over 30 yrs of age. If
there is any reason to suspect renal disease or
Patna High Court CWJC No.16154 of 2024 dt.12-02-2025
diabetes in any examinee under 30 yrs age, his
urine will be examined.
(9) Infective conditions and other
disorders : Candidates: Candidates exhibiting
the under noted conditions will be rejected
irrespective of the employment sought:-
(a) Contagious and infective
disorders: provided that the condition of the
candidate having ceased to be contagious or
infectious, the sequelae arising from such
disorder will not be regarded as disqualifying,
unless they are in themselves likely to interfere
immediately or later with the efficient
performance of the duties of their appointment.
The following conditions fall inter-alia under the
above category:-
(i)Pulmonary tuberculosis.
(ii)Venereal infection.
(iii)Trachoma and other infectious
ocular diseases.
(iv)Leprosy.
(b) Conditions commonly predisposing
to invalidity or seriously enhancing the
candidate's liability to occupational risks, eg:-
(i) Hernia, and well marked
hydrocoele, varicose veins or piles: provided
that such conditions having been satisfactorily
treated by operation, the evidence of their
previous existence shall not disqualify;
(ii) Un-descended testes, intra-
abdominal in position, and un-associated with
an inguinal hernia, should not be a cause for
rejection. Ectopic testes, located in the inguinal
canal, abdominal wall or thigh, being more
liable for trauma/torsion, should be passed fit
only after the examinee has undergone surgical
treatment:
(iii) Flat foot, or knock knees, except
in sedentary occupations;
(iv) Epilepsy;
(v) Asthma;
(vi) Otorrhea.
(c) Conditions rendering the
association of the candidates with others
objectionable, e.g:-
(i) Repulsive inveterate skin diseases.
Patna High Court CWJC No.16154 of 2024 dt.12-02-2025
(ii) Ozoena
(iii) Foetor associated or otherwise
with pyorrhoeaalveolaris.
(d) Constitutional disorders commonly
deemed progressive and chronic disorders liable
of recurrent exacerbation of a disabling kind.
Employees: In the case of serving
employees, if there is reason to believe that any
such defect can be remedied early by treatment
or operation, the Railway employee should be
advised to undergo necessary treatment or
operation, prior to final decision."
11. The portion of the note in Para 9 of the
advertisement reads as under:-
"The above medical standards
(criteria) are indicative and not exhaustive
and apply to candidates in general."
It is not exhaustive, therefore, the other material is with
reference to Indian Railway Establishment Manual Para 113, 124
and 511 is required to be taken into consideration for the purpose
of medical examination-medical fitness test for the post of Traffic
Apprentice, Goods Guard & Assistant Station Master. On this
count, the petitioner has not made out a case to the extent that
whatever the medical fitness test prescribed in the advertisement is
required to be taken into consideration. In fact, Para 9 relating to
medical fitness is not exhaustive with reference to Indian Railway
Establishment Manual cited (supra). Further, it is to be noticed that
Indian Railway Establishment Manual has a statutory provision
and it is required to be strictly followed while issuing
Patna High Court CWJC No.16154 of 2024 dt.12-02-2025
advertisement. If any thing is left out in the advertisement insofar
as medical fitness test is concerned, in that event, Railway
Authorities were permitted to take aid of the Indian Railway
Establishment Manual, in order to give effect to the statutory
provision like Indian Railway Establishment Manual and the same
has been adhered by the Railway-Selection and Appointing
Authority to the post of Traffic Apprentice/Goods Guard/Assistant
Station Manager.
13. The petitioner pointed out that the post of Traffic
Apprentice/Goods Guard/Assistant Station Manager were notified
even for disabled persons. Therefore, if there are any defects in the
physical standard, in that event, petitioner shall not be disqualified.
In other words, the post of Goods Guard handled by physically
abled persons and so also with certain disabled persons. Therefore,
Railway Authorities cannot insist upon to medical fitness with
reference to advertisement Para 9 read with Indian Railway
Establishment Manual. The aforementioned contention cannot be
appreciated in the absence of challenge to the certain provisions
under Para 511 of the Indian Railway Establishment Manual in
which there are 12 items which have been narrated and under sub-
para 3 of Para 511 of Indian Railway Establishment Manual. The
petitioner case fall under Para 511(3)(f) of Indian Railway
Establishment Manual for the post of Goods Guard. In the absence
Patna High Court CWJC No.16154 of 2024 dt.12-02-2025
of challenge to the aforementioned provision to the extent that
even if there is a defect in the joint movements, candidate is
suitable for the post of Goods Guard with reference to the fact that
Goods Guard post is reserved for disabled persons.
14. In the light of these facts and circumstance, the
petitioner has not made out a case so as to interfere with the
impugned order of the CAT 12.07.2023 passed in O.A. No. 572 of
2021.
15. Accordingly, the present CWJC No. 16154 of 2024
stands dismissed.
(P. B. Bajanthri, J)
( Sunil Dutta Mishra, J)
abhishekkr/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 24.02.2025
Transmission Date NA
