RAILWAY SAMACHAR

Voilation of Article 13(2) of the Constitution of India by Railway Board by not providing alternate employment to medically unfit candidate

To

The Editor

Railway Samachar

Sir/Madam,

I Prabhu Nath Singh (Roll no :4029512), having good vision 6/6, a single OBC Candidate Selected by Railway Recruitment Board ,Thiruvanthapuaram on 23/03/09 for the Post of Traffic Apprentice (Category number 111) of joint Employment notice No 02/2008 dated 12/07/2008.

I got an offer of appointment dated 03/08/09 from Sr. DPO, Palghat Division, kerela. I was called for medical examination on 24/8/09 at palghat Railway Hospital. I was declared medically unfit by sr. DMO Palghat.

I was sent for re medical examination to the CMS Railway hospital Palghat through Sr. DPO, Palghat with the support of a medical Certificate issued by office of the Civil surgeon cum CMO Bokaro Steel city who declared me medically fit for the post as my eye sight is 6/6 as required for the post TA. Again I was declared medically unfit by Chief Medical Superintendent Railway hospital Palghat.

It is my fundamental right to get a job According to the Constitution of India article 16. Equality of opportunity in matters of public employment.—(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

So, I applied to the CPO, Southern Railway, Chennai Requested for Appointment in alternate Category as per: CHAPTER V, MEDICAL EXAMINATION, Section B-Medical Examination of Candidates for appointment to Non-Gazetted Railway services and of serving Non-Gazetted Railway employees.

As per clause 509. Introduction:-(1) Medical examination of candidates for appointment to non-gazetted Railway service and for periodical medical re-examination of serving Railway employees includes-

(i) general physical examination, and (ii) vision tests

(2) The details of these examinations are given below. Detailed guidelines explaining procedures of medical examination and specific diseases affecting fitness of staff are given in Annexure III to this Chapter. All medical officers conducting medical examination should get themselves familiarised with these guidelines.

Note:-(1) The General Manager may relax the provision in the case of candidates for temporary appointment to the posts in the non-gazetted service including class IV and labourers' grades, other than posts falling in Group A (medical classification), as given in para 510 (1) below.

(2) General Managers shall have the authority to consider request from candidates(both technical and non technical), who fail in prescribed medical examination after empanellmant by RRB, for their appointment in alernate category, subject to fulfilment of the prescribed medical standard, educational requirement and other eligibility criteria for the same grade post in alternate category. If a candidate for a technical category fails in the medical examination prescribed for that category, he/she may be considered for an alternate technical category if found fit medically for that category, provided he/she possesses the requisite qualification and there is a shortage in that category.

(Rly Bd's NO. 99/E(RRB)/25/12 dt 20.08.99(RBE 211/99))

But they replied me that the Railway board have decided to discontinue the policy of providing alternative appointment to the medically failed empanelled candidate selected through RRBs/ RRCs for any group by Railway Board’s letter No 99/E(RRB)25/12 dated 25.05. 2009.

This Railway board letter is Violating the Article 13(2) of the Constitution of India.

Article 13(2) of the Constitution of India prescribes that the Union or the States shall not make any law that takes away or abridges any of the fundamental rights, and any law made in contravention of the aforementioned mandate shall, to the extent of the contravention, be void.

So please look into the matter and consider my request for the appointment in alternate category. I need your benediction in my endeavour to get into Indian Railway.

For this I will be highly obliged to you.

Thanking you.

Your Faithfully

Prabhu Nath singh

STUDY POINT,

Hotel Yamuna Villa,

Chas, Bokaro Steel City,

Jharkhand, 827013

Ph: 09955080486