Rajasthan High Court - Jaipur
Kundan Singh vs U O I And Anr on 10 November, 2016
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH
JAIPUR
ORDER
S.B. Civil Writ Petition No. 1409/2014
Kundan Singh vs. Union of India & Anr.
Date of order: 10th November, 2016.
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Mr. D.K. Dixit, for the petitioner.
Mr. Mukesh Dudi, for the respondents.
The present writ petition has been filed under Article 226 of the Constitution of India, praying that the respondents be directed to issue appointment letter in favour of the petitioner as Constable (Store Keeper), in Border Security Force.
The learned counsel for the petitioner has submitted that the petitioner successfully passed the competitive examination and after interview he was selected for being posted as Constable (Store Keeper). The learned counsel for the petitioner has contended that the petitioner on 15.11.2013 was declared unfit on the ground that he was having defective distant vision. The learned counsel for the petitioner approached this court and under the directions issued, Board was constituted, which had carried medical examination. The learned counsel for the petitioner has submitted that as per medical examination held, eye sight of the petitioner has been found to be 6/6 and 6/9, and thus, the petitioner as per specification given by the respondents is eligible to be appointed as Constable.
The learned counsel for the respondent has drawn attention of this Court to following portion of the reply:-
"The petitioner had applied for 01 vacant post of Constable (Storekeeper) in BSF, SMT (Workshop) at Jodhpur (Raj.) centre and he was called for IInd phase of the recruitment after qualifying first phase i.e. written examination, wherein he had qualified all the stages of the recruitment except Medical Examination. He was declared medically unfit in the initial Medical Examination due to defective distant vision 6/12 and 6/12. After due consideration of his appeal against the opinion of initial Medical Examination, his Review 2 Medical Examination was carried out at BSF Composite Hospital, Kolkata on 15th Jan, 2014, wherein he was again declared Unfit due to the same reason as his eyes were found 6/9 (Rt) and 6/6 (Lt). As per MHA's policy No. 1- 5024/1/2008-Pers.II dated 18 th May, 2012, better eye should be 6/6 and worse eye should not be less than 6/9 for the post of Constables. As he is a right handed person, his better eye is right eye which should be 6/6 and worse eye is left eye which should not be less than 6/9. The copy of relevant page of MHA's policy and outcome of RME are annexed herewith and marked as Annexure-2&3, respectively."
It is contended that since the petitioner is not having 6/6 eyesight in the better eye, which is right eye, the petitioner has been found medically unfit.
The petitioner has to comply with the standards of medical fitness prescribed by the Border Security Force, which is a Para Military Force.
In view of the stand taken by the counsel for the respondent, which is reproduced above, the present writ petition being devoid of merit is dismissed.
(KANWALJIT SINGH AHLUWALIA), J.
Mak/-
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