AJAY KUMAR TRIPATHI Vs. HINDUSTAN AERONAUTICS LTD

JUDGEMENT

(1.) Heard learned counsel for the petitioner. None appears for the respondents, even in the revised list. Perused the counter affidavit.

(2.) The petitioner, after completing his Diploma in Mechanical Engineering from the Institute of Engineering and Rural Technology, Allahabad, underwent Apprenticeship for a year as Mechanical Engineer Technician in the respondent organization. He was declared successful in the examination held for recruitment as 'Diploma Trainee' (Mechanical) by the respondent establishment and an offer of appointment dated 29th March, 2001 was issued to him. During a routine screening test, he was diagnosed as Hepatitis B positive and thus was not appointed and was asked to again report for medical examination on 28.9.2001, but this date was changed to 10th . October, 2001, when the petitioner was got examined in a private pathological clinic it diagnosed that he was still Hepatitis B positive. By the impugned order dated 29th October, 2001, the offer of appointment was cancelled on medical grounds for having tested Hepatitis B positive. This order is impugned in the present petition.

(3.) Learned counsel for the petitioner has urged that there was no pre-existing norm in the respondent company by which a candidate testing positive for Hepatitis B positive was to be treated as medically unfit. He has also urged that the Sanjay Gandhi, Post Graduate Institute, Lucknow had issued a certificate dated 24.4.2002 after due investigation that the petitioner was not suffering from any nature of Hepatitis and was fit to join any service.