Dismissed

Nitin Tetarwal S/O Late Shri Ishwar Singh v. General Manager

Rajasthan HC1 Feb 2024CW/14616/2021

Case brief

AI extract

What is this about?

This petition challenged the dismissal of an Original Application by the Central Administration Tribunal regarding the petitioner's rejection as a medically unfit ex-serviceman for a Level-I post. The High Court refused to interfere.

What did the court decide?

The petition filed challenging the dismissal of the petitioner's Original Application by the Tribunal was dismissed with no medical re-examination ordered.

Nitin Tetarwal S/O Late Shri Ishwar Singh Vs… — Service and Employment | Rajasthan HC (2024)

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[2024:RJ-JP:5431-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 14616/2021

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Nitin Tetarwal S/o Late Shri Ishwar Singh, Aged About 29 Years, Ex-Serviceman, R/o A-5, Basant Vihar, Near J.b. Sah Girls College, Jhunjhunu (Raj.)

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----Petitioner

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Versus

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General Manager, North Western Railway Jawahar Circle, Jagatpura, Jaipur.

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Chairman, Railway Recruitment Board, Ajmer.

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Assistant Personnel Officer, Railway Recruitment Cell, North Western Railway, Opp. Drm Office, Power House Road, Jaipur.

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----Respondents

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For Petitioner(s)	:	Mr.Nagendra Sarma
		Ms.Sunita Mehla
For Respondent(s)	:	Mrs.Manjeet Kaur
		Ms.Ishika Kothari

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HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MRS. JUSTICE SHUBHA MEHTA

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Order

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01/02/2024 AVNEESH JHINGAN (ORAL):-

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This petition is filed challenging the order dated 25.10.2021 passed by the Central Administration Tribunal, Jaipur Bench, Jaipur (for short ‘tribunal’), dismissing the Original Application (for short ‘OA’) No.291/246/2020.

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Brief facts of the case are that the Railway issued notification in 2018 for making appointment on various posts. The petitioner applied for Level-I Post, in the category of Ex-Servicemen. The petitioner served for the period of one year eight months four

[2024:RJ-JP:5431-DB]

[CW-14616/2021]

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days in the Indian Air Force and was discharged on 27.03.2015 for medical reasons. The petitioner was successful in examination held by the Railway Recruitment Board (for short ‘Board’) and qualified in Physical Efficiency Test (PET). The petitioner was found unfit for appointment in the medical done by the Medical Board and the petitioner failied to produce the complete discharge book during the document verification. The Writ Petition No.15960/2019 filed by the petitioner was withdrawn with liberty to file OA before the Tribunal. On dismissal of the OA, the present petition is filed.

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Learned counsel for the petitioner submits that the discharge from the Indian Air Force was for the medical reason but in discharge certificate it was specifically mentioned that the petitioner was fit for civil employment. It is further prayed that medical re-examination of the petitioner be ordered.

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Learned counsel for the respondents defends the impugned order and submits that the petitioner was declared medically unfit and he withheld the discharge book for the reasons best known to him.

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It would be relevant to quote extract of Clause 10 of the Advertisement issued by the Ministry of Railway, Railway Recruitment Board for recruitment on various posts, dealing with eligibility of Ex-serviceman:-

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“ Ex-Serviceman :- The term Ex-Serviceman means

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a person who has served in any rank (Whether as a Combatant or non-Combatant) in the regular Army, Navy or Air Force of the Indian Union but does not include a person who has served in the Defence Security Corps., the General Reserve Engineering

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Force, the Lok Sahayak Sena and the Para Military Forces.

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The Medical standard of Ex-serviceman will be according to para 534 of Indian Railway Medical Manual (IRMM) Volume I, which may be accessed at www.indianrailways.gov.in.”

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From perusal of the clause it is evident that the ExServiceman applying for the employment had to meet the Medical standard in accordance to para 534 of the Indian Railway Medical Manual (for short ‘IRMM’).

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The Board of Doctors’ of the Medical Department examining the petitioner found the petitioner unfit for appointment. The recommendation of medical Board were as under:-

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“As per recommendation of medical committee Unfit in medical category aye two and below due to his major mental illness Bipolar Affective Disorder Along With Alcohol dependence Syndrome as per para 511(1) of IRMM 2000. His mental illness is liable of Recurrent exacerbation of a disability kind which is likely to interfere with the effective performance of the duties of his Appointment and may become progressive and chronic in nature in due time.

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The Court cannot sit in appeal over the certificate issued by the Medical Board. As per the eligibility criteria the candidate should meet the medical standard as per IRMM. The medical examination of the petitioner was held in the year 2019, no case is made out for medical re-examination after a lapse of almost four

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and half years more so, when there is no ground made out challenging validity of the medical certificate issued by the Board. 9. The contention that the discharge certificate issued by the Indian Air Force stated that the petitioner is suitable for civil employment is misplaced. The discharge certificate mentioned ‘fit for suitable civil employment’ meaning thereby the petitioner can be considered for civil employment as per his medical condition. 10. There is another aspect of the matter that the Indian Air Force discharged the petitioner on medical grounds and those authorities could not have decided the medical fitness requirements needed by other employer.

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No case is made out for interference in the impugned order the petition is dismissed.

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(SHUBHA MEHTA),J

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(AVNEESH JHINGAN),J

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Monika/23

Nitin Tetarwal S/O Late Shri Ishwar Singh v. General Manager

Case brief

What is this about?

What did the court decide?

Nitin Tetarwal S/O Late Shri Ishwar Singh v. General Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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