•Q^y \<ys [NTHE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITtON (S) N0. gt\^ OF 2010 SERVICE MATTER WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FORJSSUANCEOFAWRITIN THENATURE OF CERTIORARI MANDAMUS, PROHIBITION AND/ORA SUITABLE DIRECTION OR ORDERTO DO JUSTICEIN THE MATTER PETmONER ^.--;'»>^ ^^rf^-- . ^'^i^^' Q-'."- ....^x^ «.^y^\> ...^''~' -**"' ^•c^^ p RESPONDENT Hemant Kumar Chourasiya, S/o Nammoo Ram Chourasiya, aged about 29 years, Resident of P.W.D. Colony, Geedam, District - Dantewada, (Chhattisgarh) VERSUS The National Mineral Development Corporation Limited, Through - General Manager, Bailadiia oral mine Kirandul Complex, Kirandul, District - South Bastar (Dantewada) DETAILSOFTHEPETITION i ^ i S ^ 1 h • 5 io 10 s- (I Aa .. 6c::_ XI-HC—78 3I!^I ^iT [<;'iii*i WIT S^f siw ^" W^W fhWSn 3ST •<11<<1<VI<1, (9tll<H'IS, fslMiyy }Aj.?^r^.^|^^!0•^1,200 sn^r •q^i' (icilj'!i<?t?) ^rm^feiOT^i Hfc: Hcn'ble Shn Manindra MohaiES 24-06-2010 Shri Sandeep Dubey, counset f| None for respondents though Heard. Grievance ofthe petitioner as illegal!y deprived of appointment to the| Trainee. Case of the petitioner is thal app!ications for appointment to the' ^ candidature and participated in the pj considered for appointment on the p| Traineesubject to condition of medieE the office on 22nd & 251h of Novembe msdical examination on 09-12-2008. any infirmity, he was dsclared unffl though the petitioner was selected for appoirited. It is ffie case ofthe petitions reasons as to the grounds of medif] petitioner again submittsd himselffor ri examined on 11-04-2009 and in that e given report of medical unfitness foui petitioner again submitted an applica' givenjoining on post, forwhich, hewas Learned counsel appearing for he was subjected to medical examina was not disc'osed. Lsarned eounsel ) subsequently found fit by the same doi eXamiRation was not proper. tttl^ld^'l fW^ ^~^^ tf^rtSR ^sifinsD^ hlivastava^J, jir the petitioner. s^rved. ^et out in the petition is that hs has been [post of Maintenance Assistant (Electrical) pursuant to the advertisement invitjng aid post, the petitioner had offered his oeess of selection. He was provisionally ist of IVIaintenance Assistent (Eiectricai) fitness. The petitioner appeared before r, 2008, whereafter he was subjected to ^hough, the petitioner did not suffer from >y the authority giv.'ing reason that even the post, he \vas not medically fit to be 'r that in spite of petitioner demanding the a! unfitness, it was not disclosed. The ledical examination and he 'was medicaily xamination, the same doctor, who earlier id the petitioner fit. On 14-10-2009, the :ion to the respondents t.hat he may be seteeted. the petitioner submits that initiaiiy when tion, why he was declared med'cal unfit, yrther submits that the fact that he was itor clearly shows that the earlier medical ^ ci^ :^l:iSs, t? 'J/ -^ 3(1^51 WI ?<-li+ wn an^! *»)1* .i& f' •w't J ^ 1 A. ^ ^=EI HWrti t,'®^tw^,rsi^i'yy .^.:i..(£2.^1'.tl^ sn^i'q'w (l*ii'{<<<^) In this vi@w of the matter, petitioner to medical examination afrej petitioner is found fitfor employment, the petitioner for appointment on e Trainee. The entire exercise sha!! be d from the date of receipt of a copy of thi^ With the aforesaid direction, th^ +i<iiri4-t iiWtff'^ifs^'<r"i^i< ^3ifW3f!^T ^spondents ars directed to subject tne >h by Board of Doctors. In ffie svent, the ttie respondents shall considerthe case of tsost of Maintenance Assistant (ElectncaO jompleted within a period of three months t order. petition is finally disposed of. Sd-/ Manindra Mohan Shrivastava —^--Judge ^--'s^a-^f:.-"- r^ t,-:^ i^I!•?•<!'•ff5RT^Ti'ra—FS/95—11 /200^—1.00,000.