Rajasthan High Court - Jaipur
Vinod Ajmera vs . Union Of India & Ors. on 30 October, 2015
Author: Ajay Rastogi
Bench: Ajay Rastogi
In The High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R D.B. Special Appeal (Writ) No.1787/2014 Vinod Ajmera Vs. Union of India & Ors.
Date : 30-10-2015 Hon'ble Mr. Justice Ajay Rastogi Hon'ble Mr. Justice J.K. Ranka Mr. Deepak Soni Adv., for appellant.
Instant special appeal has been preferred against order of the Ld. Single Judge dt.7-10-2014.
The appellant applied for the post of Head Constable (Ministerial) in Central Reserve Police Force (CRPF) and participated in the selection process pursuant to advertisement dt.16-11-2009 and he appeared in the written examination followed with physical test and declared successful but because of unfitness due to his low vision he was declared finally medically unfit and not considered for appointment. As per the reports furnished by the Medical doctor he was found unfit due to Myopia and second opinion of the Medical Board consisting of the department of Ophthalmology, also found his vision in right eye to be 6x12 and left eye to be 6x6 and the Medical Board was finally of the opinion that he is medically unfit as per the Rules of Recruitment and grievance of the appellant was that since two different opinions has been expressed by the Medical Boards that cannot be considered to be a basis to hold him medically unfit after he has been finally found to be suitable for appointment.
The learned Single Judge in its order impugned took note of the views expressed by the Medical Board and finally observed that even if there are two opinions expressed by the doctors but finally the Medical Board which was lateron constituted by the Department of Ophthalmology had expressed regarding his vision in right eye to be 6x12 and left eye to be 6x6 and that is the reason in arriving to a conclusion that he was medically unfit to be considered for appointment and this being a specialized field it will not be justiciable for this Court to interfere after the experts' opinion has been expressed regarding fitness of the appellant and this what the learned Single Judge considered in its order impugned dt.7-10-2014 and after hearing counsel for appellant we do not find any error being committed by the learned Single Judge in passing the order impugned which may require our interference in the instant intra-court appeal.
Consequently, the special appeal stands dismissed.
(J.K. Ranka), J. (Ajay Rastogi),J. VS/ Certificate - All corrections have been incorporated in the judgment/order being emailed/Vijay Singh Shekhawat/PA