JUDGMENT
The petitioner alleges that solely because he has been diagnosed to be suffering from Hepatitis B, the 1strespondent has denied him employment, as is evident from Exts.P11 and P14. The petitioner, therefore, prays that the said orders be quashed and 1strespondent be directed to offer him employment based on the results of the recruitment process, namely Ext.P7.
2. Sri.Jayamohan - learned counsel representing the Standing Counsel for the respondents, answered the afore submissions of the petitioner, made by his learned counsel - Sri.Arun Chandran, saying that the petitioner's appointment has been cancelled since the examining Medical Officer of the Company found him to be medically unfit. He argued that if the petitioner has any further grievance against the same, he can certainly present himself before a Medical Board constituted by the 1strespondent Company, under mandate of "The FACT Pre-employment Medical Examination Procedure". He pointed out that, as per Clause 11 of the said procedure, the Medical Board will comprise of the head of the medical services of the 1strespondent - Company, along with the Medical Officer of another Public Service
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Undertaking/Department and an independent specialist. Sri.Jayamohan submitted that if the petitioner is willing to submit himself for examination by this Medical Board, his grievances will stand allayed, especially because his singular allegation is that the Company has found him medically unfit without following due procedure.
3. On hearing Sri.Jayamohan as afore, Sri.Arun Chandran submitted that his client has no objection in appearing before the Medical Board as mentioned above; but prayed that if the said Board finds in his favour, then the 1strespondent be directed to offer him employment, based on Ext.P7, forthwith thereafter.
4. The afore submissions of Sri.Arun Chandran certainly are compelling and am certain that this writ petition deserves to be disposed of such terms.
Resultantly, I order this writ petition and direct the 1strespondent to constitute a competent Medical Board under Clause 11 of the
"FACT Pre-employment Medical Examination Procedure" within a period of two weeks from the date of receipt of a copy of this judgment, who will thereafter notify the petitioner to appear before
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them. Since the petitioner is stated to be traveling from Andhrapradesh, the Medical Board will give him sufficient time to appear before them; and he will be then subjected to a proper examination, leading to an apposite opinion to be recorded by them. The afore procedure shall be completed by the Medical Board within a period of one month from the date on which they are constituted in terms of the afore directions.
Needless to say, if the Medical Board so constituted finds the petitioner to be medically fit to be granted employment, the 1st respondent will then advert to Ext.P9 judgment of this Court as also Exts.P11 and P12 certificates and offer employment to the petitioner based on Ext.P7 offer letter given to him in the year 2019, dehors Ext.P11 and P14.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS/11/08/2021
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2020 RECEIVED BY THE PETITIONER VIA E-MAIL ON 15-04-2020
Exhibit P15 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION DATED 01-01-2020
Exhibit P16 TRUE COPY OF THE LIST OF CANDIDATES SHORT
LISTED
Exhibit P17 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 22-09-2020
Exhibit P18 TRUE COPY OF THE LITERATURE ON HEPATATIES B OF THE WORLD HEALTH ORGANISATION DATED 27-07-
2020
Exhibit P19 TRUE COPY OF THE JUDGMENT REPORTED IN AIR
1997 BOM.406