Amrita Sinha, J. - (1.) Eastern Coalfields Limited (in short ECL), a subsidiary of Coal India Limited, Government of India undertaking engaged in coal mining activities in the State of West Bengal and Jharkhand published an employment notice on 29- 10-2012 inviting applications from Indian Nationals for filling up vacancies in various posts. The minimum qualifications and general instructions were mentioned in the said notice.
(2.) In response to the said notice the writ petitioner/respondent an OBC candidate applied for the post of pharmacist. Vide a letter dated 03-03-2015, the Chief Manager (P/Rectt.), ECL informed the writ petitioner/respondent that consequent upon the written test and interview he had been provisionally selected for the post of pharmacist (T). He had been advised to report for pre-employment initial medical examination. The writ petitioner/respondent appeared in the said medical examination on the scheduled date and time. Three medical examiners examined the writ petitioner/respondent and declared him unfit for employment. The ground for disqualification being defective vision as the right eye of the writ petitioner/respondent had only perception of light present. The petitioner had been given an option to appeal for re-medical examination to the apex medical board which the writ petitioner/respondent duly availed of. The apex medical board consisting of five medical examiners examined the writ petitioner/respondent and declared him unfit citing the same reason.
(3.) The writ petitioner/respondent on receipt of the report of the apex medical board made a representation before the authority specifically mentioning that the job of a pharmacist is the job on surface and he was totally capable to do any type of job 'on surface'. He also mentioned that he could drive motor cycle properly and prayed mercy for consideration of his case. As there was no response from the authorities the writ petitioner/respondent approached this Court in its high prerogative writ jurisdiction praying for issuance of writ of mandamus directing the authorities to provide appointment to the petitioner in the post of pharmacist (T) upon cancellation of the impugned order of rejection of employment.;