IN THE HIGH COURT OF MEGHALAYA AT SHILLONG
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 5th 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 petition
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.
Employment and Service matter - Recruitment process of CAPFs and Assam Rifles - As per employment advertisement published in Employment News/ Rozgar Samachar notice thereof relates to review medical ....
A candidate's eligibility for employment should consider improvements in medical conditions occurring before the recruitment process concludes.
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