Indian Kanoon - Search engine for Indian Law

                             "3)        Final opinion

                                       (b)       Unfit on account of:

                    9 also medically known as "cubitus valgus"








                                               1)       Anisometropic Amblyopia L/Eye

                                              2)       Cubitus valgus Rt 25/Lt.-30"

19. Ms. Esha Mazumdar, learned Counsel for the respondent, advances two submissions. The first is that a diagnosis of Cubitus Valgus cannot be returned without the patient being referred for orthopaedic opinion. The second is that there is a discrepancy regarding the ocular condition of the patient, between the DME and the RME, with the DME opining that the patient was suffering from distant vision in the left eye, whereas the RME opined that the patient was suffering from Anisometropic Amblyopia in the left eye.

20. The American Academy of Ophthalmology states thus, on amblyopia and its various avatars:

"Uncorrected refractive errors are considered the most common cause of amblyopia. There are two main types of refractive amblyopia. Anisometropic amblyopia refers to unilateral amblyopia caused by a distinct refractive error of each eye. Isoametropic amblyopia occurs when both eyes are amblyopic from a significant yet similar refractive error. Severity of the refractive error and the amblyopia are directly related. Anisometropic amblyopia is likely in the presence of 1.0-1.5 D or more anisohyperopia, 2.0 D or more anisoastigmatism, and 3.0-4.0 D or more anisomyopia. Bilateral or isoametropic amblyopia may occur in the presence of 5.0-6.0 D or more of myopia, 4.0-5.0 D or more of hyperopia or 2.0-3.0 D or more of astigmatism. Amblyopia caused by significant astigmatism is referred to as meridional amblyopia."

21. There is, therefore, a cleavage of opinion between the RME and the DME, insofar as the ocular ailment from which the respondent is suffering is concerned. Whereas the DME has opined that the respondent is suffering from distant vision, the RME states that she is suffering from Anisometropic Amblyopia. It is clear that distant vision and Anisometropic Amblyopia are not the same, even if there may be some kinship between the two.

22. Ms Bobde, learned Counsel for the petitioner, submits that, inasmuch as either of the two conditions, namely, Anisometropic Amblyopia and Cubitus Valgus would suffice to render the respondent unfit for appointment as a constable, and as there is concurrence of opinion regarding the respondent suffering from Cubitus Valgus, the Tribunal was not justified in referring the respondent for a re-examination.