O R D E R

CHANDRA DHARI SINGH, J (Oral)

1. The instant petition has been instituted on behalf of the petitioner under Article 226 of the Constitution of India, praying as follows:

“i. Issue an appropriate Writ/Order/Direction in the nature of mandamus, directing the respondents to carry out re-view medical examination of the petitioner and consider him for appointment as Junior Executive under the Airport Authority of India in terms of Advertisement No. 02/2022 along with all consequential benefits;

AND ii. Pass such other order/s as may be deemed fit & proper.”

2. Learned counsel for the petitioner submitted that the petitioner applied for the position of Junior Executive (Air Traffic control in pursuance Advertisement No.02/2022 under the Airport Authority of India). 3. It is submitted that the petitioner was successful in the Computer- Based Test (CBT) and was called for the purpose of document verification, voice Test and testing for psychoactive substances vide letter dated 4th October 2022. The petitioner cleared all tests, except namely, Amphe Tamine Screen Urine as per Test Report dated 7th November 2022 wherein it was stated that there is a possibility of false positive results since, the petitioner has never taken drugs for weight loss or suffered from narcolepsy or attention deficit disorder.

4. It is submitted vide representation dated 1st December 2022 by the petitioner to the respondents stating that he had taken medicines for boil on his thigh and did not consume any substance which contained psychotropic substance.

5. It is further submitted that the petitioner suffers from no addiction of any kind and is afflicted with the brain disorder.

6. It is submitted that the respondents have released the final result where in the result of the petitioner was not declared. The cutoff percentile for the candidate from the ST category to be qualified is as 98.001, however the petitioner has scored 98.031 percentile, hence the petitioner was qualified to be appointed at the said position.

7. It is further submitted that the petitioner has been informed by the respondent that he has not been selected due to medical reasons and the petitioner’s request for a review of the medical examination was rejected.

8. In view of foregoing reasons, the petition may be allowed and the reliefs as prayed by the petitioner may be allowed.

9. Per Contra, learned counsel for the respondent vehemently opposed the averments made by the petitioner and submitted that the present petition is nothing but an abuse of the process of law.

10. It is submitted that it was clearly stated in the advertisement for the said job post as well as the call letter dated 04th October 2022 that the candidate will be tested for various psychoactive substances which include amphetamine and amphetamine type substances. It was further stated that non-negative test report for any of the psychoactive substances will lead to disqualification and the candidate would not be considered eligible for selection.

11. It is further submitted that the said post is in a sensitive post requiring the candidates to work in the Air Traffic Control and therefore medical fitness, specifically a negative test for psychoactive substances is a crucial requirement.

12. It is submitted that there is no provision for second medical examination, in the advertisement for the job position or as per the rules of the respondent. The petitioner is not entitled for second medical examination on the ground that drug like amphetamine may not be detected in any subsequent test.

13. It is contended that this Court vide orders dated 23rd December 2022 and 02nd February 2023 directed for a medical test qua psychoactive substances more particularly the detection of amphetamine and Amphetamine Screen Urine by Dr. RML Hospital and AIIMS National Drug Dependence Treatment Center Ghaziabad, UP, however, the reports of the same were of no assistance to either this Court or to the benefit of the petitioner.

14. It is submitte