Pre employment medical unfit
Milind
(Querist) 31 October 2015
This query is : Resolved
I have been selected for a post of Chief Manager-Mechanical at a ship building PSU. The post of is for ship/submarine construction, refits, modernization, in any relevant fields of planning / design / procurement/ fabrication / berth / outfitting / quality assurance / tests & trials. I have very low vision in my left eye as per guideline of physical disability it is 30% disability. After premedical examination, company has declared me medically unfit for the post on the grounds that my left eye is not healthy. There is no mention of any standards in advertisement specifying that one eyed persons are not eligible to apply. The advertisement only mentions as. ”Applicants should be of sound health and meet the medical fitness standards as prescribed. Candidates short-listed for appointment following interview shall undergo a medical test conducted/organised by company and certified by the company’s Chief Medical Officer”. Please advise if I have any claim on the post can I fight legally. I feel that as the position is Managerial and I can perform all the activities as a normal person I should be given opportunity to work.
Anirudh
(Expert) 01 November 2015
Every condition need not be mentioned in the advertisement.
It is enough if it was specified that candidates short-listed for appointment following interview shall undergo a medical test conducted/organised by company and certified by the company’s Chief Medical Officer.
In your case, it is only after taking into account that the post is of managerial nature, the fitness standard seems to have been prescribed. If you did not meet that standard naturally it will be difficult to claim legally.
Rajendra K Goyal
(Expert) 01 November 2015
Refer the medical standards fixed in appointment conditions of the department / institution.
In the given facts your claim does not have much merits.
Milind
(Querist) 01 November 2015
Thank You for your feedback. There are no standard mentioned in advertisement. They have not provided separate standards to me. That's why I feel that If I fight legally I had chances of getting.
Sudhir Kumar, Advocate
(Expert) 01 November 2015
You can consult reservation rules. this book contains a portion for reservation for PH cat people an has a table of the posts which have been exempted from 3% reservation for PH persons.
K.S.Srinivas
(Expert) 02 November 2015
It is mentioned in the advertisement that
”Applicants should be of sound health and meet the medical fitness standards as prescribed. Candidates short-listed for appointment following interview shall undergo a medical test conducted/organised by company and certified by the company’s Chief Medical Officer”.
As you are declared as unfit after medical examination, you have no legal right to fight.
