This intra-Court appeal challenged the Single Judge's dismissal of a writ petition seeking appointment as a Jeep driver. The bench rejected the appeal, upholding the trial court's decision based on medical reports stating the appellant was unfit to drive all light motor vehicles despite holding a regular license.
None. Appeal dismissed with no costs.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2017 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.A.(MD)No.1094 of 2015 and
M.P.(MD)No.1 & 2 of 2015
M.Tharujideen ... Petitioner/Appellant
Vs.
Ramanathapuram District.
PRAYER : Writ Appeal is filed under Clause 15 of Letters Patent, to set aside the order dated 20.06.2012 passed in W.P.(MD).No.2071 of 2011 on the file of this Court.
Prayer in WP(MD). 2071/ 2011 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directingthe 2nd respondent to consider the petitioner for appointment to the post of Driver in the 2nd respondent office within the period that may be stipulated by this Honourable Court.
For Appellant : Mr.M.Mohamed Imran Additional Government Pleader For Respondents : Mr.M.Govindan Special Government Pleader
JUDGMENT
[Judgment of the Court was delivered by G.R.SWAMINATHAN, J. ]
The unsuccessfull Writ Petitioner is on appeal challenging https://hcservices.ecourts.gov.in/hcservices/ the order dated 20.06.2012 made in W.P.(MD).No.2071 of 2011.
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2.The appellant is a physically challenged person. He is having driving license. He has also enrolled his name in the District Employment Exchange, Ramanathapuram. The office of the 2nd respondent issued a memo calling upon the appellant to attend the interview on 03.01.2011 for appointment to the post of Jeep driver. According to the appellant, he sucessfully participated in the selection tests. However, he was not issued with any appointment order. The appellant therefore filed the said Writ Petition for directing the 2nd respondent to consider him for appointment to the post of Driver. The learned single Judge however, dismissed the writ petition. Aggrieved by the same, this intra-Court appeal has been filed.
3.Heard the learned counsel for the parties.
4.The learned single Judge noted that the Writ Petitioner suffered 60% of disability. The report of the Regional Medical Board, Government Rajaji Medical Hospital, Madurai is also adverse to the Writ Petitioner. It was categorically find that the appellant was unfit for the job of driver. Even though the appellant is having a driver license, he is fit to drive only modified vehicles. In other words, he is not fit to drive all the motor vehicles.
5.The learned single Judge has dismissed the Writ Petition only after categorically find that the Writ Petitioner was not physically fit to drive all light motor vehicles. In fact the learned single Judge was shocked to note as to how the regular driving license was issue in favour of the Writ Petitioner in the first place.
6.The learned single Judge wanted to the extent of directing communication of a copy of the writ order, so as to take continue measures to prevent the un appropriate issuance of driving license by the Regional Transport Offices. The learned single Judge is right in Writ Petition and concurrent with the reasoning found in the order under appeal. This Writ Appeal is completely without merit and stands dismissed. No Costs.
Sd/Assistant Registrar
/True Copy/
Sub Assistant Registrar
To:
https://hcservices.ecourts.gov.in/hcservices/ Ramanathapuram District.
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Ramanathapuram District.
+1cc to M/s Ajmal Associates, Sr.No.72268
DSS/KM
VB/MR/KKR/SAR1/27/09/2017/3P/6C
W.A.(MD)No.1094 of 2015 and
M.P.(MD)No.1 & 2 of 2015
10.08.2017
1 issue framed by the court
Whether an appeal challenging the Single Judge's dismissal of a writ petition regarding appointment of a physically challenged driver has merit given medical fitness findings.
M. Tharujideen
The District Collector, Ramanathapuram
The District Disabled Rehabilitation Officer
Regional Transport Officer, Ramanathapuram
K.K. Sasidharan
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
