IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15269 of 2005 UMESH KUMAR YADAV Versus THE NATIONAL THERMAL POWER CORPORATION LTD.& ORS ----------- 3 28.7.2008 Heard learned counsel for the parties. It is not in dispute that petitioner was selected for appointment on the post of Attendant (office) on ad hoc basis for one year. This was subject to future regularization. But the offer letter dated 16.7.2004 contained in annexure-2 also states that the appointment is subject to the petitioner having been found medically fit by the Company’s Medical Officer as per medical standards prescribed by the Company. When the petitioner despite this offer letter was not appointed he approached this High Court for a direction. In the counter affidavit filed on behalf of the respondents NTPC they have asserted that the reason why the petitioner could not be finally selected as the petitioner was not found to be medically fit. Petitioner is suffering from cardiac problems which would be evident from the report which has been annexed as annexure R/1. The details of the medical condition of the petitioner has been indicated therein which prima facie cannot be disbelieved merely because the petitioner has brought a certificate issued by the Medical Officer, Sadar Hospital, Munger which states that there is no infirmity of medical kind of the petitioner. The said certificate has not been supported by any kind of supporting evidence which could have forced the Court to - 2 - upturn the medical opinion contained in annexure R/1. In addition to this it has also been stated that the post has already been filled up and the petitioner cannot be accommodated even otherwise at this stage. In view of Clause-9 of the offer letter contained in annexure-2 read with annexure R/1, the Court is not inclined to issue any direction upon the respondents. This writ application is accordingly dismissed. RPS (Ajay Kumar Tripathi,J.)