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S. VAIDYANATHAN
Naresh Kumari – Appellant
Versus
Union of India – Respondent
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
The court established that unequal treatment in employment guidelines based on medical conditions violates the principle of equality under Article 14 of the Constitution.
Subsequent medical standard amendments post-advertisement cannot disqualify serving candidates eligible under original rules.
The judgment of the Supreme Court declaring the benefit of undergoing lasik surgery to be applicable only prospectively and not available to people who had not agitated their rights, has no bearing o....
The court affirmed that employers have the discretion to set educational qualifications for posts, which is not subject to judicial review unless found arbitrary or illegal.
The court emphasized the importance of adhering to the prescribed medical standards for recruitment and the limitations on deferring the recruitment process.
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