The central legal point established is the entitlement of a land oustee to suitable employment, the requirement for proper medical documentation, and the right to access medical reports under the RTI Act.

ORDER :

This petition has been filed by the petitioner under Article 226 of the Constitution of India against the order dated 11.9.2013 (Annexure P/18) passed by respondent No.3/Assistant General Manager (HR, NTPC, whereby the petitioner has been denied appointment on the post of Artisan Trainee.

2. Brief facts of the case, as mentioned in the writ petition, are that the petitioner’s father is the recorded owner of land bearing Khasra No.132/2, area 1.136 hectare, situated at Village-Davandih, R.I.C. Sipat, Tahsil-Masturi, Distt. Bilaspur, CG, out of which 1.19 acres of land was acquired by respondent No.4 for construction of Thermal Power Plant. As per Rehabilitation Scheme/Rehabilitation Action Plan (RAP), the petitioner was selected for appointment on the post of Artisan Trainee, for which he took training of Fitter at Industrial Training Institute. Thereafter, the petitioner submitted guarantee papers and participated in the interview. However, during medical examination, he was found to have some problem in his kidney and was advised by the respondent authorities to take treatment for the same. His mother donated her kidney and accordingly transplantation of the petitioner’s kidney was done. The concerned doctor issued fitness certificate in favour of the petitioner. Thereafter, the petitioner approached the respondent authorities for giving him joining on the post of Artisan Trainee but they did not allow his joining despite repeated requests. Hence the petitioner filed an application before the Sub Divisional Officer (Revenue), Masturi who also sent a letter to the respondent authorities to give joining to the petitioner on the post of Artisan Trainee but they neither give him joining nor did respond to the said letter. Subsequently, the petitioner sent a legal notice to the respondent authorities through his counsel for giving him joining but it also went in vain.

3. The petitioner then filed a writ petition i.e. WPS No.2327/2013 before this Court and vide order dated 7.8.2013 the petition was disposed of with a direction to the respondent No.2 to decide the petitioner’s case keeping in mind that he is a land oustee and has been provided with training in order to provide him employment as a measure of compensation to earn his livelihood. However, vide impugned order dated 11.9.2013 respondent No.3 cancelled the offer of appointment of the petitioner on the ground of petitioner being not qualified as per medical norms of NTPC but no such medical document was provided to the petitioner. Therefore, under Right to Information Act, the petitioner sought supply of his medical report. However, vide memo dated 6.11.2013 the CPIO of NTPC informed that the information sought for is related to third party, therefore, it is bar under Section 8(1)(j) of the Right to Information Act. Hence this petition for the following relief :

“10.1. That, this Hon’ble Court may kindly be pleased to set aside/quash the impugned order dated 11.09.2013 and further be pleased to direct the respondents to give joining to the petitioner under N.T.P.C. on the post of Artisan Trainee, as per appointment letter.

10.2 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.”

4. Learned counsel for the petitioner submits that the impugned order dated 11.9.2013 is bad in law, unwarranted, unconstitutional and hit by the postulates of Article 14 of the Constitution of India. A bare perusal of the impugned order shows that the petitioner’s appointment offer has been cancelled without proper application of mind as there is no medical report declaring him unfit to work in the plant area. Even the alleged medical report dated 2.11.2012 has not been supplied to the petitioner till date under RTI on the pretext of it being a third party information and as such, this information cannot be supplied to him by virtue of Section 8(1)(j) of the RTI Act. The petitioner who is