IMPORTANT POINT
The court emphasized the importance of complying with the vision standards prescribed for the selection process and directed re-medical examination for the petitioner to ensure fairness in the recruitment process.

JUDGMENT :

This Writ Appeal is filed by the appellants-State aggrieved by the order dated 14.07.2023 in W.P.No.18093 of 2020 passed by the learned Single Judge of this Court.

2. Heard learned Government Pleader for Services-I appearing for the appellants and Sri Ramesh Chilla, learned counsel for the respondent-writ petitioner.

3. Learned Government Pleader appearing for the appellants contended that pursuant to the Notification vide Rc.No.88/Rect./Admn.1/2018, dated 31.05.2018 issued by the Chairman, TSLPRB, Hyderabad, for filling up the vacancies of SCT PCs (Civil) and/or equivalent posts as per the Special Rules, called as “T.S. Police (Stipendiary Cadet Trainee), Rules 1999, issued vide G.O.Ms.No.315, Home (Police) Department, dated 13.10.1999, along with the amendments made from time to time, the respondent herein was provisionally selected for the post of SCT PC (Civil) from Cyberabad/RR Unit and after verification of antecedents, he was subjected to Medical Examination at Osmania General Hospital, Hyderabad on 24.10.2019, wherein he was declared unfit due to vision problem. As per the report dated 24.01.2020 submitted by the Superintendent, Sarojini Devi Eye Hospital, Hyderabad, the respondent was examined by the Medical Board consisting of three doctors (Ophthalmologist) and his distant vision of right eye was recorded as ‘6/18’ and left eye as 6/19 as such, declared him unfit for the said post. As per the amendment of SCT Rules issued vide G.O.Ms.No.97, dated 01.05.2006, distant vision should be ‘6/6’ of both right eye and left eye and the same was mentioned in para 16-E of the Recruitment Notification dated 31.05.2018. Since the respondent was declared unfit by the Medical Board of Sarojini Devi Eye Hospital, subsequently based on report, the respondent was issued a show-cause notice dated 10.03.2020 calling for his explanation as to why his provisional selection should not be cancelled. Pursuant to the said show-cause notice dated 10.03.2020, the respondent submitted his explanation on 19.03.2020 stating that he took laser treatment and got cured of his sight problem, and hence, requested to refer him to another hospital for re-examination. Having not been satisfied with the said explanation, the provisional selection of the petitioner was cancelled vide Memo No.213/Rect.Genl.2/2019, dated 07.09.2020. Aggrieved by the same, the respondent herein filed W.P.No.18093 of 2020, and a learned Single Judge of this Court allowed the said writ petition vide order dated 14.07.2023 observing as follows :-

“Having regard to the submission made and in view of the peculiar facts and circumstances of this case, the Memorandum in Rc.No.213/Rect./ Genl.2/2019, dated 07.09.2020 issued by the Respondent No.2 is set aside, insofar it relates to the petitioner herein. The respondents are directed to conduct re-medical examination to the petitioner with regard to his vision and if he is found medically fit, consider his candidature for provisional selection to the post of SCT PC (Civil) in Cyberabad/RR Unit in Recruitment Notification-2018. It is made clear that this case shall not be treated as precedent, as I have decided it purely on the facts and in the peculiar circumstances of the case”.

4. Aggrieved by the same, the present Writ Appeal is filed by the State.

5. Learned Government Pleader appearing for the appellants-State further contended that the learned Single Judge ought to have seen that in the Notification dated 31.05.2018, it was clearly mentioned that in order to avert getting disappointed at a later stage, the candidates were advised to have themselves examined by a Civil Surgeon before applying for the examination to ensure that they meet the prescribed physical and medical standards. As per SCT Rules, the provisionally selected candidates shall be referred to the District Head Quarter Hospital for medical examination/fitness. For any expert opinion, candidates shall be referred to the Osmania/Gandhi Hospital based on the rec