2006 Supreme(AP) 1317
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
B. PRAKASH RAO and RAMESH RANGANATHAN, JJ.
K. Gangadhar - Appellant
Versus
Andhra Pradesh State Road Transport Corporation rep. by its Vice-Chairman & Managing Director, Hyderabad and another - Respondent
Writ Petition No. 14919 of 2000
Decided on 09-11-2006.
Advocates appeared
Mr. L. Nanda Kishore, Counsel for the Petitioner.
Mr. V.T.M. Prasad, Standing Counsel for APSRTC for the Respondents.
Headnote:
Medical Manual Road Transport Corporation Act, 1950 – Section 45(1) – Constitution of India – Articles 14,19(1)(g),16 and 2 – A.P.S.R.T.C. Medical Manual, 1999 – Clause 4(c)(ii) – Rule 4(c)(ii) – A.P.S.R.T.C. Employees (Recruitment) Regulations, 1966 – Regulation 7(1),46(i)(c) – Employee Issue – Appointment Denied – Writ petitioner who was selected for the post of Conductor Grade-II in the respondent-Corporation was denied appointment on the ground that he was found to be unfit on medical examination as he was afflicted with skin disease vitiligo – In the impugned order, single judge has given a direction to the respondents to consider the petitioner sympathetically as directed by the learned single judge and, if so advised, take second opinion regarding the recruitment – Held, Medical examination of the petitioner was nearly seven years ago and before he is given orders of appointment the respondents would undoubtedly be justified in examining whether the petitioner presently satisfies the other medical standards prescribed for being appointed as a Conductor in the respondent Corporation, including the vision standards prescribed in Annexure III of the Medical Manual – The respondents are accordingly directed to verify whether the petitioner, in his present condition, complies with the prescribed medical requirements, and, in case he satisfies the required standards, appoint him as a Conductor in the respondent Corporation – Writ Petition Allowed
"Cosmetically unacceptable to the public" is reason enough to deny employment to any category of posts in the Andhra Pradesh State Road Transport Corporation. This is not an "off the cuff" remark but the official stand of the Corporation in its counter affidavit filed before this Court. Efficiency is of no consequence, it is a persons looks/physical appearance that matters. "Vitiligo", a skin disorder, wherein white/grey patches are formed in parts of the body for lack of proper pigmentation, has resulted in the petitioner being found medically unfit for appointment as a Conductor in A2 category. Lest they be subjected to the criticism that, in the guise of recruiting Conductors, the respondent Corporation is, in fact, holding a beauty pageant, the possibility of deterioration/loss of vision in the distant future is cited as a consequence of contracting "Vitiligo".
2. Pursuant to a notification issued by the respondents, inviting applications for the posts of Conductor, the petitioner appeared for the test and interview held on 04-03-1998 and was selected. He was subjected to a medical examination. The Medical officer, in his report dated 27-03-1998, opined that the petitioner was unfit, for being appointed to the post of Conductor, as he suffered from "extensive Vitiligo". The petitioner approached the 2nd respondent requesting that a medical examination be conducted once again, contending that he is fit to discharge the functions of a Conductor and that his skin disorder "Vitiligo" would not affect his ability to discharge the duties attached to the post. In the medical examination held again on 20-04-1998, the earlier medical opinion was reiterated. Questioning the action of the respondents in declaring him medically unfit for appointment as a Conductor, the petitioner filed W.P. No. 15813 of 1998, which was dismissed on 27-08-1998. Aggrieved thereby he filed Writ Appeal No. 122 of 1999 and the Division bench, while disposing of the appeal by its order dated 17-02-1999 observed:
"The appellant-writ petitioner who was selected for the post of Conductor Grade-II in the respondent-Corporation was denied appointment on the ground that he was found to be unfit on medical examination as he was afflicted with skin disease vitiligo. In the impugned order, the learned single judge has given a direction to the respondents to consider the representation of the appellant in view of the nature of the disease.
The learned counsel for the respondent Corporation has produced before us a paper which refers to the importance of the disease vitiligo in medical examination to be undergone by a selected candidate before recruitment. The learned Counsel for the respondents contend that the disease is considered as a disqualification for appointment for the reason that the disease will be afflicted because of lack of pigmentation of the skin and the person suffering from such disease will have photo sensitivity problem i.e., person is prone for sun burning and will likely to suffer progressive vitiligo i.e., defective vision because of the depigmentation of choroide and retina, apart from the fact that the person may not be accepted cosmetically by the public. We are inclined to go into all those aspects.
In spite of the above, we hope that the respondent-Corporation will consider the representation of the petitioner sympathetically as directed by the learned single judge and, if so advised, take second opinion regarding the disease of the appellant from the experts for the purpose of recruitment.
The Writ Appeal is disposed of accordingly. No costs."
3. The petitioner was thereafter called upon to undergo a medical examination before the Medical Officer (Dermatology), RTC Hospital, Tarnaka. After he underwent a medical examination the petitioner was informed by the Medical Officer, in his letter dated 06-04-1999, that he was medically unfit to be appointed to the post of Conductor (A2 category). The 2nd respondent, in its proceedings dated 13-05-