- (1.) WE have heard Shri Ashok Khare, Senior Advocate assisted by Shri Siddharth Khare for the petitioner. The office of the Additional Solicitor General of India accepted notice on behalf of the Union of India. The State Bank of India is represented by Shri Arun Kumar Mishra.
(2.) THE petitioner was selected as a Probationary Officer in the selections held in pursuance to the Advertisement No. CRPD/PO/2008-09/04 published by the State Bank of India in unreserved category. By this writ petition he has prayed for quashing the communication of Assistant General Manager (Human Resources), State Bank of India, Human Resource Department, Local Head Office, Bandra East, Mumbai dated 18.5.2009, intimating him that he is medically unfit for the appointment in the bank as Probationary Officer. In the medical examinations conducted on the person of the petitioner, it was reported by Dr. Atul Kumar, Senior Medical Officer, State Bank of India, Varanasi vide report dated 25.4.2009 in columns 15 and 16 that he is unfit to discharge his duties in the service on account of "left eye absent". The petitioner met with an accident in his childhood. He had to be operated, in which his left eye was removed and an artificial left eye (Prosthesis) was implanted. His right eye is normal. The disability of the loss of left eye has been measured at 30%. The petitioner does not qualify under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, (in short, PWD Act) as a person entitled to the benefit of the enabling provision under Section 33 of the PWD Act. The disability is defined under Section 2 (i) of the PWD Act to mean; (i) blindness; (ii) low vision; (iii) leprosy-cured; (iv) hearing impairment; (v) locomotor disability; (vi) mental retardation; and (vii) mental illness. The blindness and low vision are defined in Section 2 (b) and (u) of the PWD Act as follows: "(b) "blindness" refers to a condition where a person suffers from any of the following conditions, namely: (i) total absence of sight; or (ii) visual acuity not exceeding 6/60 or 20/200 (Snellen) in the better eye with correcting lenses; or (iii) limitation of the field of vision subtending an angle of 20 degree or worse;" (u) "person with low vision" means a person with impairment of visual functioning even after treatment or standard refractive correction but who uses or is potentially capable of using vision for the planning or execution of a task with appropriate assistive device." The General Manager (Human Resource), State Bank of India issued an advertisement bearing No. CRPD/PO/2008-09/04, which was published in 'Employment News' dated 19-25/7/2008, inviting applications from eligible candidates for recruitment to the post of Probationary Officer in the State Bank of India. A total number of 3500 vacancies of Probationary Officer were notified. The preliminary examinations were notified in which 53 vacancies were shown as reserved for orthopedic handicapped, and 52 vacancies as reserved for visually handicapped under the reserved category including the candidates with total absence of sight. The petitioner did not fall in the category of visually handicapped, as he is not blind and also does not fall in the category of orthopedic handicapped as his disability is 30%, with loss of one eye. He thus applied in General, unreserved category.
(3.) THE petitioner appeared in the preliminary written examinations on 12.10.2008 and was declared successful. He appeared in the written examination with Roll No. 6210000732 on 30.11.2008. He was declared to have qualified and was called for appearing in the interviews to be held on 6.2.2009. In the final result of the examination the petitioner was shown to be finally selected for the post of Probationary Officer. By communication dated 22.4.2009 issued by Assistant General Manager (Human Resource), State Bank of India, Administrative Office, Varanasi before 25.4.2009 he was required to undergo medical examination. The petitioner appeared before the Senior Medical officer, State Bank of India, Administrative Office, Varanasi. He was required to take pathology and diagnostic tests, as well as the tests before the eye specialist. The examinations so conducted also included an examination of the eyes of the petitioner. All the medical reports were submitted before the Senior Medical Officer, State Bank of India, Administrative Office, Varanasi.;