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$~12

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision:21.02.2022

+

W.P.(C) 8250/2021 & CMs 25620-21/2021

MS. ROSHI

..... Petitioner

Through

Md.Azam Ansari, Md.Ashfaque

Ansari,

Advs.

along

with

petitioner in person.

versus

UNION OF INDIA & ORS.

..... Respondents

Through

Mr.Rajan Sabharwal,

Mr.Raghav Sabharwal, Advs.

Dr.S.M.Sharma is present

through audio-video link.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

HON'BLE MR. JUSTICE NAVIN CHAWLA

NAVIN CHAWLA, J. (Oral)

1. This petition has been filed by the petitioner praying for a

direction to the respondents to immediately/forthwith issue the

appointment letter to the petitioner for the post of Sub-

Inspector/Railway Protection Force (hereinafter referred to as ‘SI-

RPF’). The petitioner further prays that the Medical Examination

dated 06.07.2019 of the Railway Hospital, Lucknow be ignored

/quashed in view of the subsequent medical re-examination dated

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000726

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15.11.2019, 26.11.2019 and 17.12.2020 conducted by the Railways

itself.

2. It is the case of the petitioner that in February, 2018, the

recruitment for the post of SI/RPF was centrally advertised by the

Ministry of Railways, Government of India by way of employment

notice No.SI/RPF-02/2018. The petitioner applied for the said post

and was declared to have passed the written examination, achieving

the desired cut-off marks. The petitioner was thereafter directed to

report to Sr. Divisional Security Commissioner /RPF/NR at DRM/NR

Officer, Hazratganj, Lucknow on 05.07.2019 for conduct of the

petitioner’s Detailed Medical Examination (in short, ‘DME’) in ‘BEE-

ONE’ category.

3. In such DME, the petitioner was declared unfit for ‘substandard

vision (BE)’, recording the same as 6/60 and 6/60.

4. The petitioner applied for medical re-examination along with a

fitness certificate issued by the Hindu Rao Hospital, Delhi.

5. That while the above application of the petitioner was pending

consideration, the petitioner had also applied for the post of Constable

in the RPF pursuant to Advertisement No.01/2018 and was selected

against the said post. The petitioner underwent a medical examination

for the said post.

6. It is the case of the petitioner that at the time of her medical

examination for the post of Constable, the petitioner informed the

Medical Board that she had been declared unfit for the post of SI/RPF.

The petitioner was thereafter made to write on her application that she

had not undergone any corrective eye operation. The petitioner duly

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000726

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complied with the said condition and only thereafter, on examination,

she was declared to be medically fit in the ‘BEE-ONE’ medical

category, on 03.09.2019. The petitioner was thereafter appointed as

Constable/RPF.

7. On her examination conducted before the Appeal Medical

Board (in short ‘AMB’) for the post of SI-RPF, the respondents

appointed a Medical Board consisting of Specialist Ophthalmologist at

Northern Railway Central Hospital, New Delhi (hereinafter referred to

as ‘NRCH’). The said AMB in its report dated 15.11.2019 declared

the petitioner to be medically fit in ‘BEE-ONE’ category.

8. The petitioner was thereafter referred to the All India Institute

of Medical Sciences, Delhi (hereinafter referred to as ‘AIIMS’) for

ruling out the petitioner having undergone Kerotorefractive, or

LASIK, surgery. AIIMS, by its report dated 26.11.2019, opined that

there was no evidence of the petitioner having undergone any LASIK

Surgery.

9. The petitioner’s appeal was thereafter considered and on being

examined by a Special Ophthalmic Board of the NRCH on

29.01.2020, the petitioner was again declared fit in ‘BEE-ONE’

category with visualacuity of 6/9 and 6/9 in both eyes.

10. On the recomm