A.K. Sikri, J.

Caveat 940/2012.

Since the counsel for the respondent/caveator has appeared, the Caveat stands discharged.

LPA 633/2012.

1. Pursuant to advertisement dated 19th July, 2008 issued by the appellant State Bank of India (SBI), the respondent applied for the post of Probationary Officer (PO). After undergoing the selection process the respondent was declared qualified for the said post. The appointment was subject to medical fitness for which the respondent was supposed to undergo the medical examination. As the respondent is suffering from Haemophilia B, the appellant SBI wanted to have an opinion of a medical expert as to whether the said disease would come in the way of the respondent in discharging his duties for the post of PO. On 20th April, 2009 he was referred to All India Institute of Medical Sciences (AIIMS). One Dr. Pravas Mishra of AIIMS examined the respondent and gave the opinion that his medical condition “is not an impediment to this job as Probationary Officer in SBI”.

Notwithstanding the aforesaid opinion, the appellant SBI did not offer the job of PO in as much as SBI’s Chief Medical Officer still declared the respondent medically unfit for Bank’s service.

2. Feeling aggrieved therefrom, the respondent filed W.P.(C) No.11579/2009 which was disposed off on 10th September, 2009 with a direction to the appellant SBI to consider the matter in the light of the Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995.

3. The appellant SBI however vide order dated 20th January, 2010 still denied appointment to the respondent. The respondent then filed W.P.(C) No.2923 of 2010. In the said writ petition an order dated 23rd May, 2012 was passed inter alia directing the respondent to appear before the Director, AIIMS on 1st June, 2012 and the Director, AIIMS was asked to constitute a Medical Board. It was further directed by the Court that the Medical Board shall examine the physical fitness of the respondent and would give the opinion as to whether the respondent was fit to perform the duties of PO in SBI. In the said order, the Court further directed the Medical Board to specifically look into the order passed by the appellant SBI on 20th January, 2010 declaring the respondent medically unfit for duty. The stand of the appellant SBI and the opinion of its own Chief Medical Officer were also to be placed before the Medical Board of the AIIMS. The Medical Board was constituted which consisted of three senior doctors of AIIMS. It held its meeting on 5th June, 2012 and after examining the respondent gave the following report:-

“As per available medical records, it is deducted that Mr. Anil Kumar is a patient with Haemophilia B Disease with bilateral knee joint involvement as target joints. Haemophilia B is a hereditary disorder, which can be prevented by prophylactic factor support. There is no record of any joints involvement of Mr. Anil Kumar or the frequency of his bleeding episodes or whether he is on any prophylaxis. Therefore, in reference to earlier opinion of Doctor from AIIMS as quoted in the Hon’ble Court order, this Board is in concurrence to the fact that there is no impediment for Mr. Anil Kumar to join his job as Probationary Officer in State of Bank of India.”

4. It is clear from the aforesaid report that the opinion of the Medical Board, AIIMS is that the illness of the respondent is no impediment to his joining the job as PO in SBI.

5. Accordingly, W.P.(C) No.2923/2010 has been allowed by the learned Single Judge vide order dated 1st August, 2012. After taking note of the aforesaid facts, the learned Single Judge has directed to give appointment to the respondent as PO with all consequential benefits without any salary for the intervening period. Challenging the said order the present appeal has been preferred by the appellant SBI.

6. The first contention of the learned senior counsel appearing for the appellant SBI is that the Medical Board has not ex