JUDGMENT

R.M. Lodha, J. —

Leave granted.

2. A short question that arises for consideration in this appeal, by special leave, is as to whether the appellant has been rightly denied promotion to the post of Ticket Collector (TCR), Group ‘C’ post, on account of his having not been declared medically fit in Class B-2 under Para 510 of Indian Railway Medical Manual (for short, ‘IRMM’).

3. The appellant—S.K.M. Haider—joined the service in Northern Railway as Luggage Porter, Group ‘D’ post, on December 3, 1991. The next channel of promotion from Luggage Porter is to the post of Ticket Collector. Having acquired eligibility for promotion to the post of Ticket Collector, the appellant appeared in the written test held by the respondents on January 8, 2003. He was successful in the written test and was called for viva-voce by the Interview Committee on February 25, 2003. On June 24, 2003, a provisional list of the candidates who were found suitable for the post of Ticket Collector on the basis of written test and viva voce was prepared in which the appellant’s name was placed at Serial No. 25.

4. On July 3, 2003, the appellant appeared before the Medical Superintendent, Northern Railway, D