- (1.) IN the instant writ petition the petitioner prays for following reliefs: - (i) For issuance of an appropriate writ, order or direction for quashing the communication dated 23rd March, 2007 as contained in letter No. 1398 issued under the signature of the Assistant Commandant (Administration) posted under Deputy Inspector General, C.I.S.F., Unit B.C.C.L., P.O. Koyala Nagar, Dhanbad whereby and whereunder the petitioner has been declared medically unfit by the Review Medical Board, who has found his vision 6/9 B/L unaided and the claim of the petitioner for her appointment on the post of Sub -Inspector has been rejected on the ground that she IS not fulfilling the fitness criteria. (ii) For the issuance of an appropriate writ, order or direction commanding upon the respondents to forthwith issue offer of appointment letter in favour of the petitioner on the basis of her medical unfitness specially so far it relates to EYE VISION. To this effect the report has already been. submitted on 19.10.2006. (iii) For the issuance of an appropriate writ, order or direction commanding upon the respondents to forthwith send the petitioner for training for the post of Sub -Inspector on which she has been declared successful in all the examination conducted by the respondents.
(2.) IT appears that the petitioner was working as Constable and appeared in the category of eligible departmental personnel post of S.I. pursuant to an advertisement and was declared successful in the examination for the post of Sub -Inspector. The petitioner appeared before the Medical Board but the Medical Board found that the petitioner was suffering from some diseases namely, (i) Defective distant vision 6/12 BE, (ii) Infiltration of both lungs field, (iii) Raised ESR 90mm/1st hr. As per the recruitment guideline of medical standard the requirement was as under: - (i) Eye Sight -The minimum distant vision should be 6/6 and 6/9 of 2 eyes without correction i.e. without wearing of glasses. (ii) The candidates must not have knock -knee, flat foot, varicose veins or squint in eye and he should possess high colour vision. He must be in good mental and bodily health and free from any physical defect, which may interfere with the efficient performance of the duties.
(3.) UPON objection made by the petitioner the medical report was reviewed vide letter dated 23rd March, 2007 and the same is quoted as under: - "Lady Constable Jaya Bag has been unfit for three factors i.e. Diminished Vision, lung field infiltration and raised ESR, Bravo, Report of the radiologist and pathologist during said medical examination not available with the documents sent, Charlie, the ophthalmologist report for review medical examination has found her vision 6/9 B/L -Unaided, Delta, Visual standard for SI/ Exe appointment is 6/6 and 6/9 without correction i.e. without wearing of glasses, Echo. Since lady Constable Jaya Bag is not fulfilling the fitness criteria hence she may not be fit to be appointed for the said post.;