- (1.) An advertisement No.4/2008 for selection to the posts of Shift Attendant was published on 08.07.2008 by the Haryana Staff Selection Commission (here-in-after called "the Commission"). Total 304 posts were advertised which were meant for different categories. The essential qualification for the same was matric with two years' certificate course in Electrician/Electronics Wireman Trade with knowledge of Computer. The petitioner applied for the said post and on the basis of his qualification and experience and he was selected and appointed vide appointment letter dated 21.03.2012. As per condition of the appointment letter, the petitioner was to undergo medical examination and accordingly, he was examined by the Board of Doctors including Eye Surgeon at Government Hospital, Sirsa. As per report of the Eye Surgeon dated 22.03.2012, the petitioner was diagnosed with reflection error of both eyes (Right Eye 6/24, Left Eye 6/18 with glasses) and Nystegmus with Amlyopia and colour vision normal. The petitioner was declared neither fit nor unfit for the job. Thereafter, a clarification was sought from the Office of Executive Engineer regarding rules/standards (Medical examination) required for recruitment to the post of Shift Attendant for the purpose of granting fitness certificate to the petitioner. A letter was accordingly written to the Office of Civil Surgeon, Sirsa. In pursuance of said letter, the Civil Surgeon, Sirsa wrote a letter to the Director, Health Service, Haryana, Panchkula for providing guidelines regarding eye-vision required for first entry into Government Service. Receiving no fitness certificate, the petitioner approached the Civil Surgeon, Narnaul for medical examination, who declared the petitioner fit for job. The petitioner approached respondent No.3 for joining him on duty on the basis of that fitness certificate. Again a clarification was sought whether the petitioner should be allowed to join the duty in view of fitness certificate issued by Civil Surgeon, Narnaul or be re-examined by the Civil Surgeon, Sirsa in view of condition stipulated in the appointment letter. The Director Health Services, Haryana, then, wrote a letter to PGI, Rohtak for re-examination of the petitioner in view of two conflicting reports regarding fitness of the petitioner. PGI Rohtak found the vision of the Right Eye of the petitioner as 6/24 and that of Left Eye 6/18 and ACC Right Eye-2 Dcyl 180 (6/18P) in left eye -1-25 Dcylx 25 (6/12P) and found Nystagmus. On the basis of the report from PGI Rohtak, the appointment of the petitioner was cancelled.
(2.) Aggrieved by the action of respondent No.3 in cancelling the appointment, the petitioner approached the authorities concerned by submitting representation to consider him for the post of Shift Attendant, as the blind low vision person is also entitled for appointment and as per advertisement, one post was reserved for blind vision person, whereas, 12 posts were reserved for partly deaf persons and 14 posts were reserved for orthopedically handicapped persons. It was also mentioned in the representation that the petitioner had worked against the same post on daily wage basis and moreover, the duties and responsibilities of the post of a Shift Attendant is just to assist the SSA/JE in Sub Stations. However, the representation of the petitioner was not considered and thereafter, the present petition was filed for quashing of order dated 21.01.2013, wherein, the appointment of the petitioner on the post of Shift Attendant had been cancelled and also for issuance of direction to the respondents to appoint him on the post of Shift Attendant in view of judgment of Division Bench of this Court in case Shikha Malhotra vs State Bank of India and another passed in CWP No.17024 of 2006, decided on 06.12.2007.
(3.) Learned counsel for the petitioner submits that there was no such condition mentioned in the advertisement that a particular vision is required for appointment to the said post and as per advertisement, a post was also reserved for blind low vision. The duties and responsibilities of the post of Shift Attendant is to assist the SSA/JE in Sub Stations and moreover, the petitioner had worked on the same post on daily wage basis. Learned counsel also submits that in view of Shikha Malhotra's case , the petitioner is entitled to work on this post and his appointment cannot be cancelled on this ground alone.;