been declared medically unfit on account of her having
undergone LASIK Surgery in the right eye. The exact words used in the medical
report were ... under:-
"unfit on account of LASIK Surgery D/E, for the post."
The figures in respect of visual acuity were as under
unfit' on the ground of his having undergone Lasik Surgery.
2. Pursuant thereto the petitioner before us passed an order dated
28th February ... 2078/2012 submitting that he had undergone the Lasik
Surgery for correction of his eye sight which could not be termed as
disqualification and consequently
surgical correction of eye sight by a process
commonly known as Lasik surgery. Post surgery the distal and near vision
is as per the prescribed ... permitted Refractive Refractive Refractive Refractive
Surgery* Surgery* like Surgery like Surgery like
like Lasik, ICL, Lasik, ICL, Lasik, ICL,
Lasik
Geological Survey of India (GSI).
12. Thereafter, the petitioner underwent LASIK surgery. She requested a
second medical examination. The same was allowed. The petitioner ... unfit due to correction of her vision by way
of LASIK surgery after the first Medical Examination. After the LASIK surgery,
5
the petitioner
vision was defective and had been sought to be
corrected by LASIK surgery. Although her vision after LASIK surgery
met the standards prescribed ... very fact that this
deficiency was sought to be corrected by LASIK surgery made her
ineligible for the post.
She preferred the instant writ petition
held as medically
unfit only on account of his having undergone LASIK surgery and has
thereby wrongly been excluded from the selection process. She submits ... that
LASIK surgery cannot be a ground for declaring a candidate as medically
unfit for appointment to the CAPF.
3. By relying on paragraph
medical test for the reason that petitioner had earlier undergone Lasik Surgery of his eyes. Feeling aggrieved, petitioner challenged the rejection order before the Tribunal ... contain any specific provision that the persons who have undergone Lasik Surgery are not eligible for the post of Assistant Loco Pilot. Accordingly, by judgment
petitioner that “ BOTH EYES
UNFIT DUE TO EVIDENCE OF LASIK SURGERY BY CORNEAR
TOPOGRAH”. Challenging the said order, the petitioner has come out with ... reported that “BOTH EYES UNFIT DUE TO
EVIDENCE OF LASIK SURGERY BY CORNEAR TOPOGRAH”. On an earlier
occasion, the persons, similarly placed, like the petitioner
Medical Superintendent, Chakardharpur with the opinion that "Petitioner
had undergone Lasik Surgery in his eye, which is not allowed in his
designation and medical ... Doctors of periodical Medical Board has opined that petitioner had
undergone Lasik Surgery earlier, but petitioner has confirmed himself
medically fit.
9. The Show cause
petitioner's
‘both eyes unfit’ since, the petitioner underwent lasik surgery in his both
eyes in private hospital on 27/05/2016 ... undergone lasik/laser
surgery/excimer laser surgery in either of the eye; that as the petitioner was
found having got performed lasik surgery