B.SURESH Vs. ASSISTANT GENERAL MANAGER

JUDGEMENT

(1.) The petitioner has filed the present writ petition seeking to challenge an order dated 22.5.2012 rejecting his case for employment on the ground that he was medically unfit for being employed in the respondents company at Tiruchirappalli on the basis of the existing rules. When the writ petition came up on 7.6.2012, this court directed notice to be served on the respondents. Pending notice, an interim direction was granted to keep one post of Engineering Trainee vacant. The respondents subsequently entered appearance and has filed a counter affidavit, dated 25.7.2012 sworn to by the General Manager (Human Resource), BHEL.

(2.) Heard the arguments of Mr. Balan Haridas, learned counsel for the petitioner and Mr. B.T. Seshadri, learned Standing Counsel for the BHEL.

(3.) The petitioner pursuant to the advertisement made by the respondents BHEL had applied for the post of Engineer Trainee. He belonged to Scheduled Caste Community. He became successful in the written test conducted by the respondents. Subsequently, he was called for an interview on 17.11.2011. Even in the interview, he was successful and the merit list was published in the internet. His name found a place as Serial No. 49. He was selected even under the open category. A provisional offer for appointment was given on 31.01.2012. Thereafter, he was directed to report for duty at Trichy. He was sent for the medical examination. The medical examination was done by the company Doctors. He was disqualified from being given appointment on the ground that he was diabetic. The petitioner went back to his native place at Vellore and got his blood test done again both for fasting and post parandial. In both reports, he was found to be normal. Therefore, he had applied for reconsideration of the decision taken by the respondents. The Personnel Manual Rule 10 provides for reconsideration of the decision at the discretion of the General Manager and it reads as follows :