MUKESH Vs. AIR INDIA

JUDGEMENT

(1.) The Petitioner had applied for the post of Ramp Service Agent with Respondent No. 2 pursuant to an advertisement published in Employment News dated February 14-20, 2004. Despite having cleared the trade test and personal interview, he has not been appointed to the post, allegedly, on the ground that he was found medically unfit, as he failed to meet the standard of Pre-Employment Medical Examination (in short, called the "PEME").

(2.) The grievance of the Petitioner is that after he had presented himself for the PEME conducted by the Respondents, he kept waiting for a favourable response and when for a long time he did not hear from them, he made several trips to their office to know the status of his appointment but to no avail. Left with no option, he sent a legal notice to the Respondents dated August 20, 2007 followed by an application under the Right to Information Act dated December 01, 2007. It was only thereafter, on December 12, 2007 that he was informed that he had been found medically unfit.

(3.) It is further his grievance that the information so given did not specify the nature of medical unfitness that he was found to be suffering from. That led him to file another application under the Right to Information Act, dated December 27, 2007 calling upon the Respondents to supply him his medical report, in response to which he received letter dated January 17, 2008 informing him that the Medical Officer of the Company during the course of his medical examination found him to be suffering from right ear deafness and that it was for the said reason that he was declared medically unfit. Along with this letter he was sent his medical report signed by Dr. V.K. Gupta & Dr. V.K. Batra wherein against the heading "Final Assessment", it was recorded - "Temporarily Unfit". On receipt of letter dated January 17, 2008 along with his medical report, the Petitioner got himself privately examined from an ENT Specialist, namely, Dr. V.K. Gupta, M.B.B.S., M.S. (ENT) FCGP Ex. H.C.M.S. who opined that he suffered from no abnormality and that his hearing was within normal limit. Armed with this report, the Petitioner sent a letter to the Respondent dated February 19, 2008 requesting that he be appointed to the post, and in the meanwhile, he sent another letter under the Right to Information Act dated April 24, 2008 inter-alia requesting the Respondents to furnish details regarding the designation, specialization, qualification and experience of Dr. V.K. Gupta and Dr. V.K. Batra both of whom had signed his medical report. He also sought information, whether they were ENT Specialists. The Respondents did not accede to his request for appointment on the basis of the report obtained by him from an ENT Specialist, but after some reminders vide letter dated July 18, 2008 did inform him that Dr. V.K. Gupta was Locum Medical Officer with MBBS qualification and had an experience of 35 years, and Dr. V.K. Batra was Deputy General Manager, MD (Internal Medicines), M.N.A.M.S. (Internal Medicines) and had an experience of 29 years. He was also informed that they were not ENT Specialists.