Back
2024 Supreme(Cal) 1314
IN THE HIGH COURT AT CALCUTTA
SOUMEN SEN, UDAY KUMAR, JJ.
West Bengal State Electricity Distribution Company Limited & Ors. - Appellants
Versus
Sri Supratim Mukherjee - Respondent
FMA No. 254 of 2024 with IA No. CAN 2 of 2024
Decided On : 22-05-2024
For the Appellants : Mr. Joydip Kar, Sr. Adv. Mr. Debanjan Mukherjee.
For the Respondent: Mr. Durga Prasad Dutta, Mr. Souvik Sen, Mr. Sumanta Ganguly.
IMPORTANT POINT
A candidate's eligibility for employment should consider improvements in medical conditions occurring before the recruitment process concludes.
Headnote:
Reconsideration - Employment - N/A - The court emphasized the importance of considering a candidate's medical fitness post-surgery, highlighting that temporary medical conditions should not bar eligibility if cured before the recruitment process concludes.
Fact of the Case:
The petitioner, initially rejected for a position due to high myopia, underwent corrective surgery and sought reconsideration of his application, which was denied by the employer citing eligibility criteria based on the date of advertisement.
Finding of the Court:
The court found that the employer failed to comply with a prior order to reconsider the petitioner's candidature based on updated medical fitness, emphasizing that the petitioner was eligible as his condition was temporary and curable.
Issues: Whether the curing of a temporary medical condition after the initial rejection can affect a candidate's eligibility for employment.
Ratio Decidendi: The court held that a candidate's medical fitness should be reassessed if their condition improves before the recruitment process is completed, and that prior orders must be adhered to by the employer.
Result: The appeal was dismissed, and the petitioner was directed to be appointed forthwith.
JUDGMENT :
Soumen Sen, J.
1. By consent of the parties the appeal and the applications are taken up together and disposed of by this common order.
2. We have heard the learned counsel appearing for the parties.
3. The petitioner is an aspirant for the post of Office Executive in the West Bengal State Electricity Distribution Company Limited (in short, WBSEDCL). The writ petitioner applied for recruitment pursuant to an advertisement dated 22nd December, 2018. The petitioner qualified in the computer test and also got selected in the personal interview. However, his candidature was rejected by an office order dated 18th November, 2022 as he was declared ‘temporarily unfit’ due to high Myopia. Thereafter, the writ petitioner underwent Lasik Laser Surgery for correction of his eye sight. Thereafter, he prayed for reconsideration of his candidature vide representation dated 24th November, 2022 made to the General Manager (HR&A), WBSEDCL.
4. While the said representation was pending the petitioner made another representation on 13th December, 2022 for reconsideration of his candidature by the said officer. In view of non-consideration of the said representation the writ petitioner filed a writ petition in which a order was passed on 16th January, 2023.
5. In the first writ petition before the learned Single Judge Mr. Debanjan Mukherjee, learned advocate appeared on behalf of the appellant had submitted that the writ petition is not maintainable as all the terms and conditions of the advertisement have been complied with by WBSEDCL in deciding his candidature. It appears that all relevant clauses of employment notification including the clause which gives finality of the decision of the Board pertaining to pre-employment medical test report were placed.
6. It was further submitted that reconsideration, if allowed at that stage, would open the flood gate and cause immense inconvenience to the employer.
7. After hearing the learned counsel appearing for the parties learned Single Judge, inter alia, passed the following order in WPA 318 of 2023:-
“Having considered the rival submissions of the parties and the materials placed on record, this Court finds that;
a. The number of vacancies in respect of the Office Executives is 745. There may be a possibility of all the posts not being filled up as on date.
b. The petitioner after qualifying for the interview went for pre-employment medical examination.
c. After being found temporarily 'unfit, he went for Lasik Laser Surgery.
d. No prejudice or grave inconvenience will be caused to the employer in the event the petitioner's candidature is reconsidered as per the regulations and guidelines of the company and the petitioner is sent for another pre-employment medical examination since he was temporarily UNFIT.
In the light of the discussions above, this Court directs the order dated November 18, 2022 be set aside and the representation dated December 13, 2022 be considered by the respondent no. 2/General Manager (HR & A) within six weeks from date upon giving a personal hearing to the petitioner. A reasoned order be passed and communicated to the petitioner within two weeks of passing thereof. Needless to mention that in the event all the posts are not filled up as on date, one post of Office Executive will be kept vacant till such time the representation of the petitioner is considered and disposed of.
This order is passed in view of the peculiar facts and circumstances of the case.”
(emphasis supplied)
8. The General Manager (HR & A) passed an order denying employment to the petitioner. The General Manager held that
"Eligibility of a candidate for employment is supposed to be verified on the date of notification of employment. In other words, candidates should have acquired qualification on or before date of notification. As per academic qualification he was qualified that is why he was called for the Computer Based Test, and Viva-voce subsequently. As he passed Computer Based Test, and Viva-voce he was refe
