Cancellation of appointment by public sector undertaking upon medical grounds

maheshdcrust (Querist) 05 January 2014 This query is : Resolved
I was selected in ONGC in GT-2012 after clearing written test and interview

I was offered AEE (Assistant Exceutive Engineer) post on the condition that I am medically fit as it was a technical post.
but I have low vision(negligible) in my left eye as a result they cancelled my appointment upon medical grounds.

There is a report about revision in medical fitness norms suggested to Health ministry by a committed comprising 14 doctor chaired by DGHS.

I have filed an RTI seeking detail of medical examination report and suggestion of the doctor and another one with the health ministry regarding details of the report submitted by that panel suggesting revision in medical reforms.

Can I get this job.
Please suggest some swift legal action.
How long it will take.

I have been suggested writ petition to The High Court. The jurisdiction of ONGC is in Delhi High Court as told in the advertisement of the post.

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S.QAISAR ALI ADV. (Expert) 05 January 2014
The suggession given to you to move to high court is seems proper.

malipeddi jaggarao (Expert) 06 January 2014
First obtain the information under RTI Act so that you will have evidence in your hand. Then move to High Court. Even though the jurisdiction mentioned as Delhi High Court, you can as well file a writ engaging a lawyer in Delhi.

Rajendra K Goyal (Expert) 06 January 2014
Agree with the experts, Approaching high court would be proper.

Guest (Expert) 06 January 2014
There is a difference between the existing approved norms and the norms suggested (proposal). Unless the proposal is approved by the Ministry or designated competent authority, the previously approved norms would apply. If you fit within the criteria of the approved medical fitness norms at the time of selection (not the proposed norms) you can be legally eligible to be appointed against the post and the cancellation of offer would become void.

Kumar Doab (Expert) 06 January 2014
Shri. P.S.Dhingra has illustrated and has advised properly.

You may go thru the Criteria for Medical Fitness, service rules and clause on Medical Fitness o first entry explained in it.....................and the information that you may get thru RTI and its application would be from which date and thus analyse the merits and chances of success.

In a somewhat similar case the applicant did not succeed.

{Delhi High Court
Manoj Kumar vs Uoi And Anr on 1 October, 2008

http://indiankanoon.org/doc/639640/?type=print }

T. Kalaiselvan, Advocate (Expert) 07 January 2014
Agreed with the experts views

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