Delhi High Court: The present petition was filed under Article 226 of the Constitution to direct the respondent to review and admit corrected/clarified medical records; to revoke the cancellation of candidature of the petitioner and to stay the final result until such revocation. Jyoti Singh*, J., directed the respondent to issue an offer of appointment to the petitioner for the post of Junior Executive (Air Traffic Control) in the OBC category, within four weeks from today, subject to verification of his antecedents. The petitioner should be paid allowances along with pay also, from the date he joins duty on the said post. Seniority of the petitioner should be fixed along with his batch-mates in the order of merit and in accordance with law.
In an instant case, the respondent published an advertisement for filling of 496 posts of Junior Executive (Air Traffic Control) which included both the reserved and unreserved categories.
The petitioner applied against the advertisement as per the required format and successfully cleared the Computer Based Test held, after which he cleared the subsequent tests. On 05-03-2024, medical report was submitted by the petitioner and on 22-04-2024, an e-mail was received by him that his candidature has been cancelled. The petitioner learnt that the cancellation was on the ground that the petitioner was in the medical category “CP4” which was colour blindness. The petitioner’s vision was tested to be normal by the Doctor at the Government Hospital, Chhattisgarh. Thereafter, for re-confirmation, petitioner got himself medically examined from All India Institute of Medical Science (‘AIIMS’), Delhi for an independent and neutral opinion. AIIMS opined that both eyes of the petitioner were normal, and he fell in the category of “CP2”, which would mean that his vision and colour vision were both normal. The petitioner did not get any favourable response from the respondent, though he already furnished both medical reports.
The petitioner then filed the present writ petition which came up for admission before the Court on 03-05-2025, whereby the Court directed the Medical Superintendent, Dr. Ram Manohar Lohia Hospital, Delhi to constitute a Medical Board to examine the petitioner and carry out the necessary tests for rendering opinion on the colour vision test of the petitioner. Petitioner was directed to present himself before the Medical Superintendent on 07-05-2024 for medical examination permitting a Senior Officer from the office of the respondent, particularly, from the Department of Air Traffic Control/ Communication Navigation and Surveillance to be present at the hospital. It was further directed that the medical report issued by the Government Hospital, Chhattisgarh and AIIMS should also be made available to the Medical Board for consultation and thereafter render its opinion within three weeks and send the same in a sealed cover to the Registrar General of this Court. Significantly, the Court had directed the respondent to keep one post of Air Traffic Controller in the OBC category reserved till the next date of hearing.
The Court after perusal of Medical Board’s opinion, was of the view that both high-grade and low-grade colour vision of the petitioner was normal, and he was fit to be employed on the post in question. The document was taken on record. In view of the medical opinion, there was no impediment in allowing the present petition.
The Court then issued a writ of mandamus to the respondent to issue an offer of appointment to the petitioner for the post of Junior Executive (Air Traffic Control) in the OBC category, within four weeks from today, subject to verification of his antecedents. The petitioner should be paid his pay and allowances from the date he joins duty on the said post. Seniority of the petitioner should be fixed along with his batch-mates in the order of merit, in accordance with law.
[Vivek Kumar Singh v. Airport Authority of India, 2024 SCC OnLine Del 4761, decided on: 09-07-2024]
Advocates who appeared in this case:
For Petitioner: Sunit Kumar Toppo, Alok Raj, Advocates.
For Respondent: Digvijay Rai, Archit Mishra, Advocates; Deepak Tomar AGM(Law) and Yatinder Choudhary, Law Officer for AAI.
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