The court established that unequal treatment in employment guidelines based on medical conditions violates the principle of equality under Article 14 of the Constitution.

ORDER

S. Vaidyanathan, C.J. - This Writ Petition has been filed, seeking to interfere with the recommendation dated 08.06.2018 of the Review Medical Board, declaring the petitioner as unfit and also challenging the Government of India Guidelines dated 18.05.2012 and the Policy dated 20.05.2015 to the extent it infringes rights under Article 14 of the Constitution of India in prescribing different visual standards for Gazetted posts of Doctors and Non-Gazetted post of Nurses by permitting Lasik correction for Doctors and excluding the same for Nurses. The petitioner sought a direction to the Assam Rifles to consider her case for appointment as Staff Nurse, pursuant to her selection and medical fitness.

2. The case of the petitioner was that she had applied for the post of Staff Nurse and came out successful in the selection, but however, the Review Medical Board on 08.06.2018 has rejected her candidature on the ground that she had undergone Lasik surgery in both the eyes. It was the further case of the petitioner that in terms of the Guidelines for Recruitment Medical Examination in Central Armed Police Force (CAPFs) and Assam Rifles, which specifically deals with Refractive Surgeries, Clause No. 67 specifies as follows:

'67. Refractive Surgeries: Candidates who have undergone LASIK (LASER in Situ Keratomileusis) may be considered fit for recruitment for the post of Direct Entry Gazetted Officers.'

3. Learned counsel for the petitioner drew the attention of this Court Table No.3, prescribing Visual Standards for Direct Entry to SOs and ORs in CAPFs, NSG including Assam Rifles and the said Tabular Column is extracted below:

4. Learned counsel for the petitioner submitted that the petitioner was declared unfit only on the ground that there was a Lasik correction in her eyes and the guidelines issued by the Government of India in respect of medical examination in CAPFs and Assam Rifles exhibits clear discrimination between Officers and other Staff Members, which, being violation of Article 14 of the Constitution of India, needs to be struck off.

5. Learned DSG appearing for the respondents contended that by mere referring to Clause No.67, the petitioner cannot demand as a matter of right that she is entitled to be considered for appointment. Learned DSG drew the attention of this Court the very same guidelines to substantiate his argument that different yard sticks are prescribed in respect of visual standards of different category of employees vide Tabular Columns. Learned DSG respondent also referred to the introduction to Ophthalmic Systemic Examination, which stipulates as under:

'Visual defects and systemic ophthalmic conditions are among the major causes of rejection and hence a thorough and accurate eye examination is of great importance in selecting personnel.'

Thus, it was prayed that in the light of the decision of the Medical Board, the petitioner is not entitled to any relief and the Writ Petition is liable to be rejected in limine.

6. Heard the learned counsel on either side and perused the material documents available on record.

7. The petitioner has applied for the post of Staff Nurse and was selected with a condition that her selection would be subject to obtaining medical fitness certificate from the Medical Board. However, the Medical Board, on examination, found that she had undergone Lasik surgery in both eyes, on account of which, she was declared unfit vide proceedings dated 08.06.2018. The petitioner has also approached this Court earlier by way of WP(C) 235 of 2018, which was withdrawn with liberty to file a fresh one.

8. Now, the question before this Court was as to whether there is any discrimination in prescribing visual standards or not, as vehemently argued by the petitioner. This Court cannot criticize the opinion offered by the Medical Board, as the Medical Board had rejected the request of the petitioner based on the guidelines that stipulated that the Staff Nurse is excluded from the purview of Clause No.67.