Document Fragment View

Matching Fragments

4. The petitioner successfully qualified the written test as well as physical test whereafter he was called upon to appear for a medical examination as per the prescribed procedure. The petitioner was medically examined on 28th June, 2007 the specialist found him unfit on account of "high myopia (power of glasses are -6.0 diopter BE)".

5. The petitioner places reliance on an evaluation of his eyes conducted at the O.P.D. of the Ram Manohar Lohia Hospital on 3rd October, 2007 wherein it was followed:

Provided that in case a candidate in respect of the services classified as "Technical" (other than the Services under the Ministry of Railways) is found unfit on grounds of high myopia, the matter shall be referred to a special board of three Ophthalmologists to declare whether this myopia is pathological or not. In case it is not pathological, the candidate shall be declared fit, provided he fulfills the visual requirements otherwise.

14. We may notice that the medical standard prescribed as para 2(a) of the notification dated 6th May, 2006 is identical to the prescription contained in para 6(c) of the handbook which is set out hereinabove.

15. The respondents have explained that myopia is an error of refraction of the eye. It is further submitted that there are three diseases for which an individual has to wear glasses for correction of the eye which includes the following:-

"(a) Myopia - In which Concave Glasses are used for correction of vision (by which petitioner is suffering).

19. So far as the medical examination of the petitioner on 24th March, 2009 has been conducted by the review medical board of medical officers consisting of three ophthalmologists which had declared the petitioner unfit finding the petitioner with the total amount of myopia (including the cylinder exceeding the permitted power -4.0 diopter) Even if we were to accept the contentions of the petitioner that he satisfied minimum standards of corrective vision as prescribed in the notification dated 6th May, 2006, the respondents cannot be precluded from the assessment of the ability of the petitioner to efficiently discharge his duties. The experts have opined that given his medical conditions, he would not have been able to efficiently discharge the functions which the petitioner would be required to perform if he was appointed as an Assistant Commandant. The respondents have further submitted that the person who suffers from "high myopia" and is utilizing glasses having a power of -6 diopter in both eyes it would have a problem of depth perception as well as vision problems. It has been submitted that such a person would have difficulty in seeing targets so as to effectively aim and shoot.