Sk. Saip Rahaman v. State Of West Bengal And ORS.

20.01.2021.

Item no. 71.

Court No.13 ap W.P.A. No. 139 of 2021 (Through Video Conference) Sk. Saip Rahaman

Versus

The State of West Bengal & Ors.

Mr. Prasenjit Debnath, Ms. Punam Basu.

...For the petitioner.

Mr. Puspal Chakraborty.

...For the respondent nos.2 to 4.

Affidavit-of-service and the copy of the norms of WBSEDCL under Office Order dated 6th May, 2010 are kept with the record.

The writ petitioner's grievance is that he was found successful for the post of Assistant Engineer (Civil) but in course of medical examination, he was declared unfit for having Type-I Diabetes. The petitioner is 25 years old.

Counsel for the Corporation would rely upon their recruitment norms and standards for medical fitness which, inter alia, stipulated that a person with Type-1 Diabetes should be declared unfit irrespective of age and the persons with upto the age of 35 with any type of diabetes would also be declared unfit. The petitioner would rely upon a certificate issued by the Medical Officer of the S.S.K.M. Hospital dated 17th September, 2020 where he was declared fit for administrative and/or Engineering work.

This Court is unable to countenance the said certificate. In any event, the petitioner's medical reports were re-verified by the Chief Medical Officer of West Bengal State Electricity Distribution Company Limited, where it was found that he had a new onset T2DM.

Since the norms and standards of WBSEDCL prescribe a bar against engagement of the petitioner in view of his medical condition, no relief can be granted to the writ petitioner in this proceeding.

In view of the above, the instant writ application is hereby dismissed.

There will be no order as to costs.

All parties are directed to act on a server copy of this order on usual undertakings.

(Rajasekhar Mantha, J.)