Zany (Assistant Manager) 23 June 2013

Can cat quash a govt rule

Hello Everyone

I was selected for appointment for a Govt. Service, but i got rejected during medical examination and the reason stated was "Kidney Transplant Recipients are unfit for Govt. Service"

Can the Central Administrative Tribunal quash a govt. rule in favour of an earlier High Court Judgement?

Ministry of Health & Family Welfare made rule that Kidney Transplant Recipieints are "Unfit" for Govt. Job, whereas there is an earlier order by High Court of Bombay (WP 576 of 2008) wherein a person who also underwent kidney transplant was declared unfit during medicals, but court ordered the employer (SBI) to offer the petitioner employment since he was medically fit after transplant.

So, should i approach Central Administrative Tribunal or High Court for my case?

Please let me know.

Thanks

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4 Replies

Sudhir Kumar, Advocate (Advocate) 23 June 2013

what other option do you have?

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 23 June 2013

You have to approach High court not Tribunal and file a writ petition by showing the citation of Highcourt, Bombay.

Zany (Assistant Manager) 23 June 2013

Originally posted by : Sudhir Kumar
	what other option do you have?

I only have Legal Option now.

I was selected for appointment in Aug. 2012. My Medical exam was done at RML Hospital. and they rejected me stating that "Transplant recipients are unfit for Govt. Jobs". Then, i sent a representation to Ministry of Health citing Court Orders and references to successful persons who are holding high positions in the govt and Judicial System after transplant. Ministry of Health then conducted a review medical board and told me to do medical tests from AIIMS. The medical reports were normal and i have been medically certified fit by specialists in that field by 2 of the leading hospitals - AIIMS and Apollo. But, then again they stated that since there is a rule that "Transplant recipients are unfit to work, i am unfit for govt. job"

Since this is a service related matter, does CAT make judgements referring to high court orders or follow govt. rules? Can CAT quash a Govt Rule in favour of an earlier High Court Order?

Thanks.

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Originally posted by : Rama chary cell no:9989324294
	You have to approach High court not Tribunal and file a writ petition by showing the citation of Highcourt, Bombay.

So, you mean to say CAT does not base their judgements referring to earlier High Court orders?

Thanks

Sudhir Kumar, Advocate (Advocate) 23 June 2013

what Mr Cherry advised is not contradictory of what I advised.

Do not get confused.

High Court can quash even the act passed by parrliament if it is unconstitutional.

In your case you appear to have a precedence of High Court ruling. Wihtout seeing such order one cannot advise you if the same can be executed in CAT.

better meet your lawyer.