JUDGMENT
1. Petitioner applied for the post of Craftsman (Electrical) in answer to the Notification issued by the 1strespondent. He was selected and included in the Merit list as Rank No.4 and he was issued with the Appointment letter to join the duty on 25/03/2024. But after undergoing Pre-Employment Medical Examination, petitioner received Ext.P6 Communication through e-mail stating that he is medically unfit for the post. Ext. P6 does not reveal the ground on which he was found unfit for the post. Petitioner states that on enquiry, he understood that he was medically disqualified on the ground that he is having Type 2 Diabetes Mellitus. The contention of the petitioner is that he is only 26 years old; that he has no history of diabetes; that he underwent two lab tests in two different Labs and the Reports are Ext.P5, dated 23/03/2024 and Ext.P7 dated
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04/05/2024; and that as per Ext.P5 Report, his HbA1C is 6.0% and as per Ext.P7 HbA1C is 5.6%. Hence, the petitioner filed this writ petition praying for a direction to quash Ext.P6 communication issued by the 1strespondent and seeking further direction to the respondents to obtain report on Diabetes Mellitus of the petitioner from the Medical Board provided under FACT Pr-Employment Medical Examination procedure based on fresh medical test and act upon the same thereafter.
2. When the Writ petition came up for admission on 21/05/2024, the learned Standing Counsel for the respondent took notice and this Court directed the Standing Counsel to ascertain the reason for finding the petitioner unfit for the post and if it is on the basis of Diabetes as contended by the petitioner, to make available the Lab Report with respect to the same. Today when the matter came up for consideration, the
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learned Standing Counsel for the respondents made available the Report dated 18/03/2024 in which the HbA1C of the petitioner is recorded as 6.6%. Another Lab Report dated 17/03/2024 issued by the St. Josephs Hospital, Manjummal is also annexed in which the HbA1C of the petitioner is recorded as 7.
3. The learned Standing Counsel for the respondents opposed the prayers in the writ petition on the ground that there is an effective alternative remedy by was of appeal available against the decision of Medical Head under clause 11 of Ext.P4/ Pre- Employment Medical Examination Procedure to the Chairman and Managing Director of the 1strespondent for examination by the Medical Board and hence the petitioner could have filed Appeal against the decision of the Medical Head.
4. The Counsel for the petitioner submitted that the petitioner
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was not served with the copy of the report disclosing the reason for medical unfitness and even by Ext.P6 communication, the reason for medical unfitness is revealed and hence he is handicapped from filing appeal before the Chairman and Managing Director of the respondent No.1.
5. I am of the view that the respondents can not find fault with the petitioner for not invoking the aforesaid appellate remedy when the reason for medical unfitness is not disclosed to him.
6. But, since, the petitioner is now furnished with the reason for his medical unfitness, he can very well invoke the appellate remedy under Clause 11 of Ext.P4 before the Chairman and Managing Director of the 1strespondent with supporting documents including Exts.P5 and P7 for contradicting the report obtained by the 1strespondent.
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7. I find from Clause 6.1.9(iii) of Ext.P4 that, if the diabetes level is found abnormal, the candidate should be subjected to detailed evaluation by a Medial Specialist. So, in any case, a single lab test is not sufficient to hold that the petitioner is medically unfit for the employment. The 1strespondent is liable to conduct detailed evaluation as provided in Clause 6.1.9(iii) of Ext.P4.
8. Accordingly, I dispose this writ petition by directing the petitioner to file Appeal invoking clause 11.1 of Ext.P4/Pre- Employment Medical Examination Procedure by producing the supporting documents within a period of one week from the date of receipt of a copy of this judgment and further directing the Chairman and Managing Director of the 1strespondent to take appropriate action on the said appeal and to dispose of the same within a further period of one month.
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9. Since the petitioner is made out a prima facie case, I deem it appropriate to direct the 1strespondent to keep one post of Draftsman (Electrical) notified by the 1strespondent vacant till the Chairman and Managing Director takes a decision in the matter as aforesaid.
The Writ Petition is disposed as above.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
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