A. S. ANAND, B. P. JEEVAN REDDY, L. M. SHARMA
State Bank Of India – Appellant
Versus
G. K. Deshak – Respondent
JUDGMENT
Special leave is granted.
2. In response to an advertisement inviting applications for appointment to the posts of Clerks, the respondent applied, and was selected after holding written test followed by an interview, subject to the result of the medical examination. It appears that he has been suffering from some serious eye trouble and he was subjected to more than one medical test in March and April, 1987. On 22-4-1987 he was asked to go back to his native place and wait for further communication and on 1st of July, 1987 he received a regret letter, informing him that he was found medically unfit. The respondent approached the High Court with a writ application under Art. 226 of the Constitution, asserting that he was medically fit and was entitled to appointment. The writ petition was allowed in September, 1988 by the impugned judgment.
3. We have heard the learned counsel for the parties at length. The medical opinion, which is on the records of the case, clearly indicates that the defect in his eyes is very serious and he is unfit for the post. He was allowed to join in obedience to the writ issued by the High Court. The reasons given in the impugned judgment indicate
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