Calcutta High Court (Appellete Side)
Sita Ram Shaw vs Union Of India & Ors on 23 November, 2022
4
Court
No. 21 23.11.2022
G.S.Da
s
WPA 3677 of 2021
[
Sita Ram Shaw
-Vs-
Union of India & Ors.
Mr. Ujjal Roy
Mr. Arpa Chakraborty
... for the petitioner
Ms. Indrani Chakraborjty
Ms. Ashima Roy Chowdhury
... for the Union of India
The petitioner's case is that he applied for the
post of Constables (GD) in Central Armed Police
Forces (for short, CAPFs).
The petitioner applied through the examination
held by the Staff Selection Commission. The petitioner
qualified in the Physical Standard Test (PST)/Physical
Efficiency Test (PET). In the Detailed Medical
Examination (DME) held on January 31, 2020, it was
found that the petitioner was suffering from "Left Eye
Convergent Squint". A review medical examination was
conducted on October 16, 2020, whereby the
petitioner was held to have "Left Eye Convergent
Squint". Therefore, the petitioner was declared "unfit"
for employment.
Thereafter, the petitioner got himself checked at
the College of Medicine & JNM Hospital, Department
of Health and Family Welfare, Government of West
2
Bengal. The said test revealed that the petitioner's
vision was normal. The petitioner further got himself
checked at Regional Institute of Opthalmology,
Department of Health and Family Welfare,
Government of West Bengal and the said test also
revealed that the petitioner had no squint in the eye.
Such test was conducted on January 27, 2021.
Thereafter, the petitioner again got himself
checked on January 28, 2021 at the NRS Medical
College and Hospital, Department of Health and
Family Welfare, Government of West Bengal.
The said test also revealed that the left eye of
the petitioner was within the normal limit. The
petitioner again got himself checked on January 29,
2021 by the Regional Institute of Opthalmology,
Department of Health and Family Welfare,
Government of West Bengal when the Associate
Professor of the said Institute came to the finding that
"no squint" was seen at present in the left eye of the
petitioner.
Mr. Ray, Learned Counsel, appearing on behalf
of the petitioner, prays for an independent authority
to conduct the test with regard to the squint in the
left eye of the petitioner.
Ms. Chakraborty, Learned Counsel, appears for
the Respondents.
In the facts and circumstances of the case and 3 after considering the submissions of the parties as well as the materials on record, this Court finds that justice will be subserved if the petitioner is allowed to get himself examined by an independent competent authority, which is conversant with the various parameters to declare someone "fit" or "unfit" for the post for which the petitioner was selected with regard to the question whether or not the petitioner has squint in the left eye.
The petitioner is directed to get himself examined at the Eastern Command Hospital, Kolkata.
The petitioner is allowed to approach the Superintendent of the Eastern Command Hospital, Kolkata within two weeks from the date of the order and the Superintendent of the Eastern Command Hospital, Kolkata is directed to constitute a Board to have the petitioner medically examined for the purpose of determining whether the petitioner is medically "fit" to work as a Constable with the CAPFs having regard to the issue of the squint in his left eye.
The entire exercise for conducting the medical examination is to be completed within four weeks from the date of communication of the server copy of this order duly downloaded from the official website of this Hon'ble Court.
The parties shall cooperate with the authorities 4 of the Eastern Command Hospital, Kolkata in any manner that is required for carrying out of the medical examination of the petitioner.
The Superintendent of the Eastern Command Hospital, Kolkata shall file a Report in a sealed cover in favour of the Learned Registrar General of this Hon'ble Court, who in turn shall place a Report before this Court on the adjourned date of hearing.
The Registry of this Hon'ble Court shall communicate the server copy of this order to the Superintendent of Eastern Command Hospital, Kolkata.
Let the matter appear for further consideration under the same heading "Motion" on January 5, 2023.
All parties to act on a server copy of this order duly obtained from the official website of the Hon'ble High Court, Calcutta.
(Lapita Banerji, J.)