CWP No.9912/2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.9912/2007 Date of Decision: 13.2.2008 Devender Sharma ............. Petitioner Versus State of Haryana and others. ..............Respondents. CORAM:HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE JASWANT SINGH Present:- Sh.Vikas Malik, Advocate for the petitioner. Sh.Harish Rathee, Sr.D.A.G.Haryana for respondents. ***** JASWANT SINGH, J. The petitioner has prayed for a direction to the respondents to allow him to join his duty as a JBT Teacher in pursuance of the appointment letter dated 28.12.2004 (Annexure P-2), with effect from the date his other selection/ batch mates have joined. Brief facts are that the petitioner, a handicapped person was selected as JBT Teacher by the Haryana Staff Selection Commission, against the advertisement issued in September 2004. The name of the petitioner was sent to Chief Executive Officer, Zila Parishad, Karnal for giving appointment, being the appointing authority, as per the provisions contained in the Haryana Zila Parishad Education Service Rules, 2003 (for short the 2003 Rules). The appointment letter dated 28.12.2004 (Annexure P-2) was issued to the petitioner by Zila Parishad, Karnal. As per condition no.6 of the terms and conditions of appointment letter, the petitioner was required to submit a medical fitness certificate from the Chief Medical Officer, Karnal, before joining his duty. The same reads as under:- “He shall submit a Medical fitness certificate from the Chief CWP No.9912/2007 2 Medical Officer, Karnal before joining his duties”. In pursuance to the abovesaid condition, the Civil Surgeon, Karnal examined the petitioner and vide his letter dated 31.12.2004 (Annexure P-3) intimated that he was infected with disease of Cerebral Alaxia Congenital Generalized Tremors. The petitioner was accordingly not allowed to join duty being medically unfit. The petitioner thereafter filed CWP No. 3800 of 2005 in this Court and prayed for his medical re- examination so as to ascertain his medical fitness and suitability for the job of JBT Teacher. The said writ petition was disposed of vide order dated 5.4.2005 and in compliance of the same the Civil Surgeon, Karnal vide his letter dated 12.4.2005 ( Annexure P-4) opined as under:- “In compliance of the order of Sh. S.S. Nijjar and Sh. M.M. Aggarwal, Hon'ble Judges of Punjab and Haryana High court dated 5.4.2005, I examined Sh. Devender Sharma s/o Sh. Jagdish Chand Sharma r/o Bara Gaon (Karnal), a candidate for the post of JBT Teacher on 12.4.2005 and found that he is suffering from Cerebral Alaxia. Due to this disease he is unable to maintain his stable posture unable to write properly and unable to speak clearly. As he is suffering from Cerebral Alaxia, so in my opinion he is not fit for the post of a teacher.” Thereafter, it appears that the petitioner on his own approached All India Institute of Medical Sciences, New Delhi (AIIMS) for his medical examination and a certificate dated 6.12.2005 (Annexure P-5) was issued by the Medical Superintendent, AIIMS, New Delhi, stating that the petitioner was fit to join job. We have heard learned counsel for the parties and have gone through the record. The sole contention of the learned counsel for the petitioner is that CWP No.9912/2007 3 he is entitled to be appointed as a JBT Teacher in view of the certificate dated 6.12.2005 (Annexure P-5) issued by AIIMS, New Delhi, whereby it has been declared that the petitioner is “fit to join job”. We are, however, not inclined to agree with the argument of the learned counsel for the petitioner. A perusal of the appointment letter dated 28.12.2004 (Annexure P-2) shows that it specifically lays down submission of a medical fitness certificate issued by the Chief Medical Officer, Karnal before joining duty. It is an admitted position that for entry into government service, medical fitness certificate is required to be issued by the Chief Medical Officer/ Civil Surgeon of the District concerned. In the present case, the petitioner has been examined twice by the said authority for determining his medical fitness for the post of a JBT Teacher and on both the occasions it has been found that the petitioner was medically unfit. A reading of certificate dated 6.12.2005 (Annexure P-5) issued by Medical Superintendent, AIIMS, New Delhi does not give out that the petitioner is particularly fit for the job of a teacher. Therefore, it is of no assistance to the petitioner. Furthermore, after observing the petitioner, who is present in Court, we are convinced that the certificates issued by the Civil Surgeon, Karnal are perfectly in order. In view of the above, we find no merit in this writ petition. Hence dismissed. There shall, however, be no order as to costs. (Jaswant Singh) Judge 13.2.2008 (Jasbir Singh) joshi Judge CWP No.9912/2007 4