The court upheld that the appointment of the petitioner to an alternative post was lawful despite previous findings of unfitness, affirming the requirement to comply with procedural norms for medical evaluations.

JUDGMENT :

DEEPAK ROSHAN, J.

1. Heard learned counsel for the parties.

2. The relief sought by the petitioner is reproduced as under:-

(i) That through the instant writ application, the petitioner prays for the issuance of an appropriate writ(s)/order(s)/direction(s) or a writ in the nature of Mandamus, Commanding and directing upon the respondents, Particularly the respondent no.6 i.e. Chief Medical Superintendent, East -Central Railway Dhanbad to arrange the Constitution of Medical Board, by himself and if it is not within his competency, then by the Respondent no.4 i.e. Principal Chief Medical Director, East Central Railway, Hajipur by moving the matter before him for remedial Examination of the petitioner to find out the unfitness or fitness of the petitioner in B2 and below Medical Categories of Job in Railway, as the petitioner was found not fit for any job even under B2 and below Medical Categories of the Posts by the three members Screening Committee, Comprising of Senior Divisional Medical Officer, Surgery /East- Central Railway, Dhanbad, Commanding Officer, 10BN/RPSF/East-Central Railway, Dhanbad and Senior Divisional Personnel Officer, East-Central Railway, Dhanbad during Conduction of a Screening test of the petitioner on 7/3/19 and accordingly the screening Committee vide recommendation dated 7/3/2019 over the screening Sheet called for and demanded re-medical examination of the petitioner on non fitness of the petitioner for B2 and below Medical category of the post and on the basis of the same recommendation dated 7/3/19 of the screening Committee having approval of Divisional Railway Manager , ECR, DHN ,the Senior Divisional Personnel Officer , East Central Railway Communicated the said recommendation to the Chief Medical Superintendent, East-Central Railway, Dhanbad (Respondent No-6) , Vide his letter no E/MED/DECATG/ABSORPTION/ 18 dt 18.3.19 (Annexure-2 Series) demanding Constitution of Medical Board by the Medical Department of the Railway for remedical Examination of the petitioner on the unfitness or fitness for the Job which was neglected by the Chief Medical Superintendent , ECR, Dhanbad in violation of Railway Rules and in violation of the letter dated 18/3/2019 of the Sr DPO/ECR/DHN (Respondent-7) in a most unreasonable and illegal way.

(ii) Further prays for the issuance of an appropriate writ(s)/order(s)/direction(s) or a writ in the nature of certiorari for quashing of the unreasonable and unwanted instructions as contained in the letter no. H/Conf/ MBD/BNP/19 dt 26/7/2019 by CMS/ECR/DHN to Adjutant (Annexure-9) with copy to PCMD/ECR/HJP and Sr DPO/ ECR/DHN that the information has been given on 27/4/2019 for submission of appeal for remedical examination of the petitioner to PCMD/ECR/HJP through the department as when the recommendation of the Screening Committee dated 7/3/19 had already been Communicated to the CMS/ECR/DHN vide Senior DPO/ECR/DHN'S letter dated 18/3/19 for arranging Constitution of Medical Board for remedical Examination of the petitioner on the fitness or unfitness in B2 and below post, it was not at all desirable on the part of CMS/ECR/DHN to inform on 27/4/19 to RPSF Department or to Sr DPO/ECR/DHN for making appeal unwantedly ,out of way in belated stage as it was the duty of the CMS/ECR/DHN to write to PCMD/ECR/HJP for constitution of Medical Board for Remedical examination of the petitioner in Consonance to the letter dated 18/3/19 of the SR DPO /ECR/DHN which was neglected unreasona