JUDGMENT : 

I.P. Mukerji, Chief Justice

Refractive errors prevent the eye from refracting light properly. LASIK is a type of refractive surgery, using laser to treat vision problems like nearsightedness, farsightedness and astigmatism caused by this error.

Assam Rifles is a para military force under the Ministry of Home Affairs performing the dual role of maintaining internal security in the North-Eastern Region of our country and guarding the Indo-Myanmar border.

On 5^th January, 2017, the Ministry of Home Affairs through the Directorate General of Assam Rifles (hereinafter referred to as “the appellant”) published an advertisement for recruitment of staff nurses in the post or rank of Naib Subedar.

Eighteen posts were to be filled up. One of such posts was reserved for persons domiciled in Rajasthan, in accordance with the policy of the government. The requirements or eligibility criteria as stated in the advertisement were (a) matriculation or equivalent (b) diploma in nursing from a recognised council and (c) working knowledge of Hindi. The candidate was to be between 18 and 25 years of age.

The issue involved in the writ petition and in the appeal is this:

The respondent/writ petitioner had qualified in the recruitment drive of Assam Rifles to fill up the one post of staff nurse from the Rajasthan quota but was disqualified in the medical examination on the ground that her vision was defective and had been sought to be corrected by LASIK surgery. Although her vision after LASIK surgery met the standards prescribed by the appellants, the 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 [WP (C) No.410 of 2019- Smt. Naresh Kumari v. Union of India & ors].

The writ petition was founded on the following cause of action.

The policy/guidelines for recruitment in Assam Rifles relating to medical fitness regarding vision was discriminatory between gazetted officers which included doctors and non-gazetted post of nurses by prescribing different standards for qualifying in the medical examination of vision, although they were similarly situated. Such differentiation was unfair, arbitrary and unreasonable which is violative of Article 14 of the Constitution.

The learned judge in his impugned judgment and order dated 15^th March, 2024 was of the view that there was clear discrimination “among the sect of persons working in the medical industry namely, doctors and nurses who are equally responsible for well-being of patients”. The policy/guidelines giving relaxation to gazetted officers and denying such concession to nurses “cannot stand in the eye of law”.

The following order was passed:

“(i) The Clause No.67, being discriminatory, arbitrary and violative of Article 14 of the Constitution of India is interfered with. A direction is issued to the respondents to include both Doctors and Nurses in the Guidelines/Tabular Column to be eligible for appointment, even if they have undergone Lasik Surgery. To that extent, the Guidelines are quashed;

(ii) Since nearly six years have gone-by, the petitioner shall undergo another medical examination and if found suitable, she shall be accommodated in the existing vacancy or in the next vacancy that may arise;

(iii) It is made clear that without appointing the petitioner as a Staff Nurse (if medically fit other than Lasik Surgery), no other nurse shall be appointed.”

From this judgment and order, the Central government appeals before us.

Dr. N. Mozika, learned Deputy Solicitor General of India appearing for the appellants made some compelling submissions.

He said that Assam Rifles was a paramilitary force. It is highly specialised and its medical requirements very stringent. The said policy/guidelines, the medical requirements for vision have been made uniform for posts of a particular grade or type. In this force, a nurse is in the rank of Naib Subedar. She enjoys this rank along with other personnel, e.g. a driver, c