LAWS(KER)-2024-1-140

UNION OF INDIA Vs. UDAYACHANDRAN P.

Decided On January 29, 2024
UNION OF INDIA Appellant
V/S
Udayachandran P. Respondents

JUDGEMENT

(1.) The Union of India and Railways are before us. The respondent/Applicant was an ex-service man. He applied for the post of Ticket Examiner. He was found unfit by the Medical Board for the reason that he has diabetes. Apparently, the Medical Board relied on Circular issued by the Railways Ministry. The relevant portion of the Circular reads thus:

(2.) The tribunal had no advantage to consider the circular or the medical certificate as the Railways had not filed a reply statement. It is seen from the records that they filed a statement, but it was returned defective. The tribunal allowed the challenge against the rejections, holding that no document was produced by the petitioner herein to show that Diabetes Mellitus, a disease which would disentitle a candidate from getting an appointment in the post of Ticket Examiner. This finding was apparently made on the reason that the Railways could not produce the circular before the Tribunal while the matter was heard and disposed of.

(3.) We note, that the Railways made all attempts to bring the circular on record. The question now is whether we should remand it back for fresh consideration. Since, all the records are on board, we find no reason to send it back for the same. The question is, in the light of circular mentioned above, whether the medical certificate should be accepted or not.