JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. The Union of India calls in question legality of the judgment rendered by a Division Bench of the Delhi High Court dismissing the Writ Petition filed by it while affirming the decision rendered by Central Administrative Tribunal, Principal Bench, New Delhi (in short CAT ).

3. Factual position in a nutshell is as follows:

The respondent while working in Group-C post of the Railways applied for promotion to Group-B post. He qualified in the written test and was directed to undergo medical examination as per para 531(b) of the Indian Railway Establishment Manual (in short the Establishment Manual ). In terms of the Railway Board s Circular dated 31.10.1991 passing of the medical test is a requirement before the candidate is called for viva voce test. The respondent was found to be medically unfit as he was visually handicapped. His case is one of external squint with advanced petriritis pigments on both the eyes. This is a disease which affects the eye-sight progressively. He was considered unfit as he may become visually handicapped in future. The respondent was therefore not called for viva voce test. He filed O.A.No. 439/2001 before the