Gujarat High Court
Soni Manthan Chandrakantbhai vs The Reserve Bank Of India on 9 September, 2022
Author: Biren Vaishnav
Bench: Biren Vaishnav
C/SCA/12862/2021 ORDER DATED: 09/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12862 of 2021
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SONI MANTHAN CHANDRAKANTBHAI
Versus
THE RESERVE BANK OF INDIA
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Appearance:
MR KALPESH M PANDIT(2713) for the Petitioner(s) No. 1
MR AMAR N BHATT(160) for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 09/09/2022
ORAL ORDER
1. By way of this petition under Article 226 of the Constitution of India, the petitioner has challenged denial of his appointment by letter dated 08.07.2021. By the aforesaid letter, his request for appointment as an Assistant in the Reserve Bank of India has been rejected.
2. Though no reasons have been assigned in the order dated 08.07.2021, subsequently having applied under the Right to Information Act, the petitioner was informed that he had high myopia of (-7.75) sph and (-1.0) cyl. so (-8375 D Page 1 of 6 Downloaded on : Mon Sep 12 20:56:34 IST 2022 C/SCA/12862/2021 ORDER DATED: 09/09/2022 collectively) in right eye and (-6.5) sph and (-1.0) cyl. in left eye as per extant rules.
3. Mr.K.M.Pandit learned counsel for the petitioner would submit that first in point of time neither the advertisement, nor the communication specified as to on what medical grounds the candidature of the petitioner was not considered. He would submit that there are no rules which would indicate that the petitioner can be disqualified for failing to have a requirement of eyesight specifications in order to be eligible for appointment.
4. Mr.Pandit would further submit that as per the internet website, myopia is also known as Nearsightedness and it is a refractive error. He could not be declared unfit for any work and since the work assigned to assistants is normally a table work and rejection of his candidature on Page 2 of 6 Downloaded on : Mon Sep 12 20:56:34 IST 2022 C/SCA/12862/2021 ORDER DATED: 09/09/2022 medical grounds is unjust and improper.
5. Mr.Amar Bhatt learned counsel appearing for the Reserve Bank of India would submit that the nature of work that the Assistants undertake may include certain core functions of the RBI i.e. currency management etc. and for that, medical fitness is important inasmuch as, the RBI being the Central Bank of the country, duties assigned to its employees would involve and include working in the cash department where diligence and alacrity is required, particularly for detection of fake currency notes examining colour, size of fonts of number panel and other security features of bank note. Fitness especially i.e. good eye sight is therefore a sine-qua-non for the job. He would fall back upon the communication of the RBI dated 23.03.1967 which clearly indicates that in case of Technical Post (cash department) / clerks, the amount of myopia Page 3 of 6 Downloaded on : Mon Sep 12 20:56:34 IST 2022 C/SCA/12862/2021 ORDER DATED: 09/09/2022 should not exceed -4.00 "D".
6. An additional affidavit has also been filed on behalf of the RBI which indicates that the petitioner was sent an E-mail on 17.02.2021 with the list of medical test which needed to be carried out. An eye test was done on 25.02.2021 and the consultant of the bank informed the RBI that in the event he undergoes certain procedures he will be considered for appointment. Certificates have been placed on record which indicate that the petitioner was diagnosed with high myopia. Opinion of medical consultants of banks have been placed on record. A candidate Krishnakumar Kumbhani who had a similar handicap underwent the lasik procedure and therefore was considered for appointment.
7. Reliance was placed on the decisions of the Supreme Court in case of Indian Council of Page 4 of 6 Downloaded on : Mon Sep 12 20:56:34 IST 2022 C/SCA/12862/2021 ORDER DATED: 09/09/2022 Agricultural v. Smt. Shashi Gupta reported in AIR 1994 SC 1241 to submit that medical fitness was sine-qua-non for appointment to public services and it is an inherent right of an employer to be satisfied about the medical fitness of a person before offering employment. Reliance is placed on the decision in case of State Bank of India v. G.K. Deshak reported in 1994 Supl. (1) SCC 70 on the scope of the judicial review of the Court.
8. Considering the facts on hand and the reply filed by the Reserve Bank of India, what is apparent is that the petitioner was suffering from high myopia which was a disqualification for appointment to the post of Assistant. The nature of duties that have been set out, which the petitioner is expected to discharge, indicates that the standards of vision of an eye-sight need to be high as it would involve detection of currency of Page 5 of 6 Downloaded on : Mon Sep 12 20:56:34 IST 2022 C/SCA/12862/2021 ORDER DATED: 09/09/2022 notes, size of fonts etc. The bank being a central banking agency would therefore be highly circumspect in engaging a candidate who could compromise their efficiency.
9. It has also come on record that the petitioner was given an option to undergo corrective procedure, which was offered to the other candidate which he did. The petitioner did not take that opportunity.
10. In light of this, no fault can be found with the banking authorities in not considering the petitioner for appointment.
11. Petition is accordingly dismissed.
(BIREN VAISHNAV, J) ANKIT SHAH Page 6 of 6 Downloaded on : Mon Sep 12 20:56:34 IST 2022