Alternate appointment in Railways, SLP of Union of India dismissed. Don't file cases with no merit to waste court timing, Supreme Court advice to the Government Counsel.

January 10, 2018

The Supreme Court on 9th January 2018 dismissed the Special Leave Appeal filed by Union of India challenging the Judgment passed by Allahabad High directing to give alternate appointment to Mr. Sandeep Kumar who had cleared the written test for employment in Railways and failed the Medical Test.

A Bench of Judges Justice S A Bobde and Justice L. Nageswara Rao passed the said passed order in Union of India v. Sandeep Kumar, SLP(C) 38446 of 2016. Mr. Prashant Bhushan Assisted by Mr. Omanakuttan.K.K. appeared for Mr. Sandeep Kumar, the Respondent.

The facts of the case are the Railway Recruitment Board issued an advertisement for the Post of Technician (III) Diesel Mechanic. The Last date for submission of application was 15.01.2007. Mr. Sandeep Kumar applied and cleared the Written Examination. He was directed to appear before Medical Board. No formal order of appointment was issued. He filed an OA before the Tribunal being Application No.1212 of 2009, which was disposed by an order dated 27th October, 2009, directing the applicant to submit a comprehensive representation. He submitted representation and it was rejected by an order dated 17th November 2009. Aggrieved by this order the Respondent preferred another OA application No. 118 of 2010. The tribunal vide order dated 29th January, 2010 disposed of the matter directing the petitioners to re-examine the respondent afresh.

Based on the said direction the respondent appeared before the Medical Board at Central Hospital, Jabalpur on 23.04.2010. The Medical Board examined him and gave the following opinion:

"Fingers -1st, 2nd, 3rd, & 4th - Normal. Amputated 5th metacarpal from base of middle phalanx.
Grip in right hand not adequate"

The said opinion was accepted by the Chief Medical Director, Western Railway, Jabalpur on 19th July, 2010, based on which, a letter dated 29th July, 2010 was issued declaring the respondent as unfit as a candidate for the post of Tech-II(D.Mech) in the Indian Railways.

The Respondent again filed an OA No. 1635 of 2010 before the Tribunal, which was allowed vide order dated 30th March, 2012, directing the petitioner to reconstitute the Medical Board and Re-examine the Respondent.

The Tribunal while allowing the claim of application held that the petitioners had issued another letter dated 16th July, 2010 asking the respondent to appear before the Medical Board within 48 hours. In the light of this letter the Tribunal was of the opinion that it was not possible to declare the Respondent No. 1 unfit on 29th July, 2010.

The Tribunal also had directed Railways to consider his candidature for alternate appointment, if the board finds that he is not fit for the said post.

Union of India filed a Writ Petition with Allahabad High Court. The High Court said observed that there is not need for conducting another medical test as the Department has already conducted medical test.

The High Court directed Union of India to consider his candidature for alternate appointment. The High Court said that :

"The Respondent No. 1 appeared before the medical board on 23rd April, 2010 and was examined by a team of doctors, who opined that on account of amputation of his little finger of the right hand, the respondent No. 1 was medically unfit for the post in question. Once the medical examination is not disputed by the respondent, the mere fact that a letter by error was issued by the petitioners on 16th July 2010 does not mean that he did not appear before the Medical Board or was not examined by the Medical Board, consequently, the direction of the Tribunal to constitute the Medical Board and re-examine the respondent No. 1 is erroneous and cannot be sustained. We accordingly quash the order of the Tribunal to that extent."

"The Petitioner had issued a policy dated 25th May, 2009 for providing alternate appointment to the medically unfit candidates empanelled in Group 'C' and 'D' posts. The said respondent was admittedly selected after clearing the written examination but was found medically unfit."

"In view of the policy which was in existence at the time when the said respondent was selected and in the event the said respondent was found to be medically unfit it was necessary for the petitioners to consider the case of the respondent for alternate appointment. Accordingly, the direction of the Tribunal to that extent is perfectly justified."

"We accordingly allow the Writ Petition in Part... The Direction of the Tribunal to the petitioners to consider the case of respondent for alternate appointment as per the prevailing policy is affirmed."

Union of India filed SLP with the Supreme Court. On 16.12.2016 Justice Bobde and Justice Ashok Bhushan issued notice and stayed operation of the impugned judgment and order passed by the High Court until further orders.

On 9.1.2018 the Supreme Court disposed of the Petition and said that:

"We see no reason to interfere with the impugned judgment and order passed by the High Court. The special leave petition is, accordingly, dismissed."

Read the order of Supreme Court of India in Union of India v. Sandeep Kumar dated 9.1.2018