IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 20720 of 1999 Between: Sri G.Raji Reddy S/o Malla Reddy H.No.27/41, Hamaliwada Mancherial, Adilabad District ..... PETITIONER AND 1 The Regional Manger, A.P.S.R.T.C., Adilabad District 2 The Executive Director (Medical), A.P.S.R.TC., Hospital, Tarnaka, Hyderabad 3 The Manging Director, A.P.S.R.T.C., Musheerabad, Hyderabad .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue appointment Orders to the Petitioner to the POST of "Driver Grade-II" by considering the Physical Fitness Certificate issued by the Nizam's Institute of Medical Sciences (NIMS) Hospital into consideration, after DECLARING the action of the Respondents in Orally Declaring the Petitioner Medically Un-fit for the post of HMV Driver Grade-II, as illegal, arbitrary in view of Certificate issued by NIMS Hospital and Consequently direct the Respondents to issue Appointment Orders to the Petitioners to the post of "HMV Driver Grade-II" in the Respondent's Corporation in Adilabad Division, Adilabad District. Counsel for the Petitioner: MR.B.SUDHAKAR REDDY & NEERAJA REDDY Counsel for the Respondent No.: SMT.G.JYOTHI KIRAN The Court made the following : THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No: 20720 of 1999 O R D E R: This writ petition is filed by the petitioner seeking a writ of Mandamus to direct the respondents to appoint him to the post of Driver Grade-II by considering the Physical Fitness Certificate issued by the Nizams Institute of Medical Sciences (NIMS). It is the case of the petitioner that in spite of his selection by the duly constituted selection committee, though he was healthy, he was deprived of the benefit of appointment on medical grounds. It is submitted that though he was examined at NIMS and was issued fitness certificate, he was denied appointment illegally. In the counter affidavit filed on behalf of the respondents, it is categorically stated that pursuant to his selection to the post of Driver and subject to medical fitness, he was examined by the Medical Officer, Andhra Pradesh State Road Transport Corporation Hospital, Tarnaka, Hyderabad on 24-11-1998 and was declared unfit for A-1 Category as he was suffering from multiple neurofilorum over both legs and hands. It is also stated that on his representation, his case was referred to Medical Board. The Medical Board examined the petitioner on 28-09-1999 and certified that he is unfit for the post of Driver due to defective left eye vision and neurofibro metosis. Though a certificate is obtained by the petitioner in NIMS to the effect that he has generalised Lipomatosis and the said disease does not preclude him from doing his job as a Driver, he cannot say that he is fit for appointment. It is always open for the employer to get examined for medical fitness before orders of appointment are issued. When the Medical Officer of the Corporation had certified that the petitioner is medically unfit, which is also corroborated by the opinion expressed by the Medical Board, there is no reason not to rely on such certification by the competent authorities. Merely because the petitioner had obtained certificate from the Nizam’s Institute of Medical Sciences to the effect that the disease suffered by him does not preclude him from doing the job, is not a ground for issuance of directions by way of Mandamus for appointment of the petitioner, ignoring the opinion expressed by the duly constituted authorities of the Corporation. I do not find any grounds in the writ petition and the same is accordingly dismissed. No order as to costs. _______________________ R.SUBHASH REDDY,J Date: 20-08-2008 KLP