'Flawless Communication' Is Key: Karnataka HC Rejects Plea Of Man With Speech Disorder Denied Appointment As Asst Railway Loco Pilot

The Karnataka High Court has rejected the petition filed by a Railway Job Aspirant who was not appointed to the post of Assistant Loco Pilot (ALP) as he was found to be stuttering speech by the Railway Recruitment Board which termed it as a speech disorder. A division bench of Justice V Kameshwar Rao and Justice T M Nadaf dismissed the petition filed by one Rishi Kumar against an order passed by the Central Administrative Tribunal (CAT) rejecting his application seeking to quash the order passed by the Railway Recruitment Board (RRB) on the ground that the candidate suffered from speech disorder. The bench noted that there are several duties cast on the ALP which he is duty bound to adhere to while discharging his duties. As per the clarification issued by the Head Of Clinical Services, on the query of stammering increases during stress/work pressure/tensions/stress demanding situations, the answer is given specifically that situational variability and stress induce conditions increase the dysfluencies of stuttering.Then it said “A flawless communication is sine-qua-non for the post of ALP. A stress situation is susceptible to disturb mental conditions, which could impair a natural/normal speaking capacity and leads to dysfluencies in speech, which may cause in slow communication or prolonged communication or no communication sometimes, with Control Board and other Co Workers, such as Station Master, Signal Guards, etc. The situations like this cannot be ruled out.”It said “In India, trains are main veins of transportation of common people, utmost care shall be taken by the Recruitment Board, while appointing pilots as well as ALP, as the job of ALP involves frequent communications with several persons such as control board and co-workers, etc. Failure in appointing a proper person may endanger the public property, as well as the life of the passengers on board.”The petitioner had argued that he had passed in all the examinations/in all the tests conducted by RRB. As per the guidelines envisaged in IRMM (Indian Railway Medical Manual) provides for speech and which states that persons with impediments like stammering are not suitable for jobs involving contact with public. The post for which the petitioner applied does not involve contact with the public and the said guideline does not provide stammering as a disqualification for the candidates who do not come in contact with the public. Further, as per the directions of this Court, the petitioner was subjected to fresh medical examination, on 12.01.2024, at AIISH, Mysuru. The report remarked that he is using a slow rate of speech and following the prolonged speech technique. In general, this will not affect the physical work efficiency of the client. Thus, the stammering/stuttering and stressing speech, which is mild in nature, will not affect the physical work efficiency of the petitioner.The Board opposed the plea submitting that selection is done in accordance with the Rules and Guidelines set forth by the IRMM and as per the Guidelines, a person having deficiency in speech or stammering is not fit for the post of ALP, as same requires constant communication with Controlling Board, Station Master, Signal Guard, Oncoming Loco Pilot and any shortcomings would be vulnerable to the public interest and safety of passengers travelling in the train and so also cause obstructions in the smooth running of the trains over the tracks, causing obstructions in movements.Further, the petitioner was unfit for Aye one and Bee One, medical category examination, due to speech fluency disorder, which can aggravate during periods of stress and anxiety. The Tribunal after considering the entire material on record passed the order dismissing the application and no interference is required. Meanwhile the court in its order said, “Especially, as per duty No.11, 'ON RUN' supra, an ALP who is suffering from speech disorder may not be in a condition to communicate with the Control Board, the said situations, to get instructions to control the train involving stakes of several passengers travelling on the train.”Observing that “It is a well settled principle of law that normally it is for the Recruitment Authority for the State to decide the qualification required and the Courts cannot substitute the requirement on the assessment of what the requirement should be. It is the prerogative of the employer.” Following which it held “We are in complete agreement with the view taken by the Central Administrative Tribunal. In the facts and circumstances, the petition fails and liable to be dismissed, as devoid of merit.” Case Title: Rishi Kumar AND Union of India & OthersCounsel for petitioner: Advocate Achappa P BCounsel for Respondents: DSGI H Shanthi BhushanCitation No: 2025 LiveLaw (Kar) 170Click Here To Read/Download Order

'Flawless Communication' Is Key: Karnataka HC Rejects Plea Of Man With Speech Disorder Denied Appointment As Asst Railway Loco Pilot

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