Petitioner challenged rejection from employment due to Type I diabetes. Court granted liberty to approach Medical Board as respondent agreed to re-examine. Petition disposed of on these terms.
Liberty granted to approach medical board; writ petition disposed of on this condition.
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1701wp1090.20
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
WRIT PETITION NO.1090 OF 2020
(Chintamani s/o Vivek Patrikar vs. The State Bank of India)
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's orders
or directions and Registrar's orders.
Shri Rohit Joshi, Advocate for petitioner.
Shri S.N. Kumar, Advocate for respondent.
CORAM: A.S. CHANDURKAR AND
MRS.VRUSHALI V. JOSHI, JJ.
DATED : JANUARY 17, 2023
The petitioner seeks employment with the
State Bank of India – respondent on the post of Junior
Associate (Customer Support and Sales). He participated
in the selection process. On his medical examination, the
Senior Medical Officer informed the Chief Manager of the
Bank on 20/1/2020 that the petitioner was found to be
permanently unfit for employment since he was suffering
from Type I diabetes. The communication issued in that
regard to the petitioner on 24/1/2020 is under challenge
in the writ petition.
2)In the reply filed by the Bank, it has been
stated that it is willing to send the case of the petitioner
to the Medical Board, which can again examine the
petitioner and express its opinion on the view expressed
by the Senior Medical Officer. For that purpose, the
Bank has furnished this information to the petitioner,
1701wp1090.20
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who has now responded on 24/12/2022 expressing his
willingness to appear before the Medical Board.
3)In view of aforesaid, liberty is granted to the
petitioner to approach the Medical Board as proposed.
The said Board would examine the petitioner in
accordance with the existing protocol. Subject to
outcome of such examination, the Bank is free to take
necessary steps. Needless to state that if the grievance of
the petitioner survives even thereafter, he is free to take
legal recourse. The points raised in the writ petition are
kept open. The writ petition is disposed of accordingly.
JUDGE JUDGE
khj
Digitally Signed By:KAMAL HUNDRAJ JESWANI Signing Date:18.01.2023 12:30
1 issue framed by the court
Whether the petitioner is entitled to liberty to approach the Medical Board in view of the respondent's willingness to reconsider the medical unfitness report?
Chintamani
The State Bank of India
A.S. CHANDURKAR
MRS.VRUSHALI V. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court