Civil Writ Petition No. 12722 of 2007 [1] IN THE HIGH COURT OF PUNAJB AND HARYANA AT CHANDIGARH Date of Decision: April 07, 2008 Baljit ............ Petitioner versus Union Bank of India ............. Respondents CORAM HON'BLE MR.JUSTICE HEMANT GUPTA. HON'BLE MR.JUSTICE MOHINDER PAL 1.Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3.Whether the judgment should be reported in the Digest ? -.- Present: Shri Karan Singh, Advocate for the petitioner Shri Sanjeev Ghai, Advocate for the respondent HEMANT GUPTA, J. The petitioner has invoked the writ jurisdiction of this court seeking quashing of the order 19.12.2006, Annexure P-2, whereby the candidature of the petitioner was rejected on the ground of his physical unfitness. The petitioner was selected to the post of Safai Karamchari on part time basis vide letter dated 6-12-2006. As a condition of appointment, the petitioner was to be medically examined by the doctors recognised by the respondent Bank. On the basis of said medical examination, the petitioner has been found to be not fit for appointment and consequently his candidature was rejected. Civil Writ Petition No. 12722 of 2007 [2] Learned counsel for the petitioner has argued that medical report Annexure R-2 has been given without conducting any test i.e. Electrocardiogram, Treadmill Test and X-ray etc and, therefore, the clinical examination was not sufficient to declare the petitioner unfit for appointment. After hearing learned counsel for the parties, we are of the opinion that the medical report appended by the respondent Bank as Annexure R-2 is not reflected on the basis of Electrocardiogram, Treadmill Test and X-ray etc. Once the candidature of the petitioner is to be rejected being unfit, the same is required to be supported by scientific tests. In view of the said consideration, we deem it appropriate to direct the respondent Bank to arrange for medical examination of the petitioner from the Board of Doctors from General Hospital, Sector 16, Chandigarh, at an early date, preferably within a period of one month from today. If the petitioner is found medically fit by the said Board, the petitioner shall be appointed but he shall not be paid any arrears of salary. With the aforesaid directions, the present writ petition stand disposed. (HEMANT GUPTA) JUDGE April 07, 2008 (MOHINDER PAL) ks JUDGE