Hemant Gupta, J. - (1.) THE challenge in the present writ petition is to the order dated 18.4.2006 (Annexure P.5), whereby the petitioner was declared unfit for appointment as a Probationary Officer in the service of the respondent -Bank.
(2.) VIDE advertisement No. CRPD/PO/2005/03 (Annexure P.1), the respondent -Bank invited applications for recruitment of 509 Probationary Officers in the said Bank. The last date for receipt of the applications was 14.7.2005. The written examination was to be held on 11.9.2005. In advertisement (P.1), there were 12 posts reserved for visually handicapped persons (General Category). The petitioner was one of the selected candidates for appointment as Probationary Officer in the General Category. However, during the course of medical examination, it was found that the petitioner was having an artificial right eye I.e., Prosthetic Shell, whereas the vision of the left eye of the petitioner was 6 x 6 I.e., complete vision. The petitioner was refused appointment on the ground that she was medically unfit. The petitioner was not given the post meant for visually handicapped category as well as the case of the petitioner is not of the total absence of sight. Thus, the petitioner was not appointed even as visually handicapped person. Since the petitioner was not being appointed either as a General Category candidate or as a visually handicapped candidate, the petitioner has invoked the jurisdiction of this Court. In reply, it has been pointed out that the standard of fitness laid down for new recruits prescribes minimum standard for the eye. Since, the petitioner does not have any vision from the right eye, she is not medically fit for appointment. It is also pointed out that in terms of a the provisions of Section 2(b) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1955 (hereinafter referred to as 'the Act') the petitioner cannot be treated as a visually handicapped candidate as well. Therefore, the candidature of the petitioner has been rightly declined.
(3.) THERE was no condition in the advertisement (P.1) in respect of the vision of a candidate or that the medical fitness requires a particular vision. As per the guidelines for the medical examinations of the new recruits/promotees, the aim of the medical examination is that a candidate must be in good mental and bodily health and free from any physical defect "likely to interfere with the efficient performance duties of his/her appointment." The only disability which could be pointed out by the learned Counsel for the respondents during the course of arguments for discharge of duties was that due to increase use of computers, the petitioner may not be able to perform her duties. It has been pointed out that one eyed person will not have three dimensional visions, which is considered necessary for the post of Probationary Officer.;