K SATTAIAH Vs. REGIONAL MANAGER APSRTC KARIMNAGAR

JUDGEMENT

(1.) The matter relates to the appointment of the petitioner as a Driver. The petitioner was subjected to driving test on 30-11-1996 and according to the petitioner, he was found fit. But when he was sent for medical examination, he could not be cleared of by the medical authorities. Therefore, it appears that he was sent to N.I.M.S. for Specialist opinion. The Assistant Medical Superintendent of the Nizam's Institute of Medical Sciences issued a medical certificate dated 24-2-1997 certifying that the petitioner is fit to drive six wheeler of heavy nature. According to the certificate, the remarks read as follows: "Though patient is having Polio-ultechi Right arm, he is fit to drive six wheeler of heavy nature."

(2.) Basing on the said Certificate, a Board was constituted by the Regional Manager, A.P.S.R.T.C. and he was found unfit for the reason that he was suffering from Motor Nervous Disease. The petitioner submits that he cannot be denied the appointment on the ground that he was suffering from the said disease because the N.I.M.S. had certified that he is fit to drive a six wheeler. Therefore, he submits that the action of the respondent is illegal and arbitrary.

(3.) I have perused the file produced by the learned Standing Counsel for the A.P.S.R.T.C. On 17-6-97, the petitioner was examined by the Medical Board consisting of one Physician by name G. Aleka and another doctor by name Mamatha Narain. The Medical Board found that the petitioner was suffering from Motor Nervous Disease. The learned Counsel for the petitioner submits that when once the N.I.M.S. has cleared him stating that he is fit to drive six wheeler, the certificate issued by the N.I.M.S. is binding on the authorities and they cannot reject the case of the petitioner on the ground that the Medical Board found some other disease.