RAVIJIT BORO Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Heard Mr. K. Goswami, learned Senior Counsel assisted by Mr. A. Sandilya, learned counsel for the petitioner. Also heard Mr. A. Parvez, learned counsel for the respondent State Bank of India.

(2.) The petitioner's case in brief is that pursuant to an Advertisement dtd. 1/3/2012, for filling up the post of Assistant (Clerical Cadre) under the State Bank of India (SBI), the petitioner took part in the selection process. On being successful, the petitioner was given an offer of appointment vide letter dtd. 15/11/2012. The petitioner was thereafter asked to undergo a Medical Test and after having undergone the Medical Test, the petitioner was informed by the respondent No. 4 about the inability of the SBI to allow the petitioner to join the post of Assistant, as he was stated to have been found medically "unfit", vide letter dtd. 4/12/2012.

(3.) The petitioner's counsel submits that the Medical Report of the petitioner issued by the Excelcare Hospitals Pvt. Limited shows that the petitioner was suffering from 'known Ankylosing spondylitis', which was a progressive disease, though 'there was no disease activity currently'. The petitioner's counsel further submits that though the petitioner was suffering from Ankylosing spondylitis but presently, he was not suffering from any physical disability.