O R D E R (ORAL)

Per: Justice S.Sujatha ...........Member(J)

The applicant has filed this application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

“(i) Set aside the impugned Order dated 04.05.2023 vide Annexure A1, MD.141/ME/ Employee/2023 and direct the Respondents to appoint the Applicant as the Station Master, Bangalore Division, South Western Railway with all consequential benefits.

(ii) Direct the Respondents No.4 to consider the Appeal for re-medical examination.

(iii) Direct an enquiry into the Railway recruitment procedure followed as false and malicious orders are passed rendering the Applicant’s career handicapped forever.

(iv) Impose cost on the Railway Recruitment Board, Respondent No.3 for the mental harassment caused to the Applicant and direct Respondents to pay damages for the costs and expenses incurred.

(v) Any other relief which this Hon’ble Court deems fit and proper may also be awarded to the applicant.”

2. The facts in brief as narrated by the applicant are that pursuant to the Advertisement CEN No.1/2019 for recruitment in the South Western Railways for various posts across different levels issued by the Railway Recruitment Board, the applicant appeared in the Preliminary examination and cleared the examination. Subsequently, the applicant was called for Mains examination for Level-2 to Level-6. The applicant qualified for the post of Goods Guard, Senior Commercial cum Ticket Clerk (Level-5) having secured 85 marks and also qualified for the post of Station Master having secured 79.66 marks in Level-6. He was short listed based on his performance in the Computer Based Aptitude Test for verification of documents/certificates/mark sheets. The applicant was subjected to medical examination, which was conducted between 29.10.2022 to 08.11.2022 in Central Hospital, Hubballi. The applicant was declared unfit in all medical standards vide intimation dated 24.11.2022 and he was informed that he has Bilateral Flat Foot. The applicant approached Doctors at Shah Accident Hospital, Pune, BJGMC and Sassoon General Hospital, Pune and Narayan Health Care, Patna, wherein, the Doctors certified that the applicant does not have Bilateral Flat Foot. Accordingly, the applicant filed an appeal against the intimation dated 24.11.2022 to Respondent No.4 praying for re-medical examination and submitted three certificates issued by the specialist Doctors. Respondent No.4 rejected the request of the applicant for re-medical examination and declared the applicant unfit for Aye Two and below medical categories due to Bilateral Flat Foot.

Being aggrieved, the applicant has preferred this OA.

3. Learned Counsel Ms. Shravani Sharma appearing for the applicant submitted that the applicant got tested from various other Orthopedics Doctors from Bengaluru Medical College and Research Institute, Karnataka Institute of Medical Sciences, Hubballi, All India Institute of Medical Sciences, Patna, Indira Gandhi Institute of Medical Sciences, Patna, Patna Medical College Hospital and Narayan Medical College and Hospital, Jamuhar, apart from the specialized doctors who had issued the certificates placed before the Respondent No.4 along with the appeal. All of them have opined that the applicant has no evidence of Bilateral Flat Foot. The applicant has also relied on the X-Ray annexed as Annexure A27 to the OA. Learned Counsel further submitted that the applicant was not only declared medically unfit to the post of Station Master, but arbitrarily declared unfit in all standards below medical categories without giving any opportunity for re-medical examination.

4. Learned Counsel Shri S.Sugumaran representing the respondents submitted that the Divisional Medical Committee at Hubballi consisting of ACMS/ME/UBL. ACHD/Physician/ CH/UBL, DMO/Ortho/CH/UBL & CMS/UBL, as Chairman, examined the applicant, based on the recommendation of the DMC and the records available, the appeal for re-medical examination was not con