Medical unfitness determined by a Railway Medical Board and confirmed by a subsequent independent review board is binding, provided procedural fairness is observed, regardless of contrary certificates from other government hospitals if the candidate fails to meet the required merit for the applicable fit category.

O R D E R

By Ms. Mallika Arya, AM

1. The applicant is seeking direction from this Tribunal to the respondents to consider his representation in violation of the Railway Service (Conduct) Rules, 1966. The Central Employment notice No. RRC 01/2019 was published on 23.02.2019 and the applicant appeared in the examination on 30.08.2022. He has short listed for PET with a percentile score of 98.22538. He was called for physical efficiency test on 17.01.2023 at SECRSA, Nagpur. On 16.03.2023 the result was declared and the name of the applicant did not figure in the select list. He filed an RTI on 17.03.2023 and requested a copy of the medical report and other documents. The applicant submitted a medical certificate on 14.04.2023 wherein he had got himself examined from a private eye hospital and his colour vision was certified to be normal. On 19.06.2023 the applicant was called for re-medical examination at Nagpur on 30.06.2023. The name of the applicant was mentioned at Sl. No. 4 and result was declared on 01.08.2023. He was mentioned ‘unfit’ in A-2, A-3 and B-1 category due to substandard distant vision and defective colour vision. In reply to the RTI dated 21.08.2023, the Railways have replied that he was found suitable in ठ.2 category. However there is no vacancy in the ठ. 2 category, therefore, his selection could be considered. Therefore, he appealed for the re-medical examination which was considered by the PCMD vide letter No. Med. BD/HQ/SECR/ad. Report /RRC/Vol. 11./46/484 dated 06.06.2023. Accordingly a Medical Board was constituted at Nagpur on 30.06.2023. An Ophthalmologist was a member of Medical Board. During examination it was detected that he had a refractive error colour vision defect. Therefore a unanimous decision of the Medical Board was that the applicant was found fit in B-2 and below medical category with glasses for distant vision as per IRMM. The post of Assistant Depot Store under C-1 category had been merged with B-1 category and consists of 13 posts. Although in the light of the Railway Medical Board the applicant has been found suitable for B-2 and C-1 category where there is no requirement for colour vision. However, in a very arbitrary manner the Railway Recruitment Cell (RRC) has not considered his case for the above mentioned post. Further the All India Institute of Medical Sciences (AIIMS) established by the Central Government declares the applicant as having normal colour vision. The applicant on 06.11.2023 got himself medically examined from the District Hospital, Chhattisgarh where no such disability was found and his colour vision was declared as normal. A copy of the applicant’s medical report is marked as Annexure A-5. The RTI report dated 30.06.2026 is being annexed as Annexure A-6. Therefore, the applicant has prayed that since the report of the Railway Medical Board is in contradiction to the report given by the other hospitals of the Central Government including AIIMS this has affected his chances for appointment and is violative of Article 14 of the Constitution of India. The decision of merger of posts has caused irreparable loss to the applicant. He has also submitted that he should be appointed in the B-2 category or below. However, the respondents have malafidely not considered his appointment. The applicant has requested for constitution of a fresh