STATE BANK OF INDIA Vs. G K DESHAK

JUDGEMENT

(1.) - Special leave is granted.

(2.) In response to an advertisement inviting applications for appointment to the posts of Clerks, the respondent applied, and was selected after holding written test followed by an interview, subject to the result of the medical examination. It appears that he has been suffering from some serious eye trouble and he was subjected to more than one medical test in March and April, 1987. On 22-4-1987 he was asked to go back to his native place and wait for further communication and on 1st of July, 1987 he received a regret letter, informing him that he was found medically unfit. The respondent approached the High Court with a writ application under Art. 226 of the Constitution, asserting that he was medically fit and was entitled to appointment. The writ petition was allowed in September, 1988 by the impugned judgment.

(3.) We have heard the learned counsel for the parties at length. The medical opinion, which is on the records of the case, clearly indicates that the defect in his eyes is very serious and he is unfit for the post. He was allowed to join in obedience to the writ issued by the High Court. The reasons given in the impugned judgment indicate that the High Court took upon itself to decide the question of medical fitness of the respondent and on reaching a conclusion in favour of the respondent, preferred the same as against the medical opinion of the specialist doctor. It is significant to note that it is not suggested on behalf of the respondent that the authorities of the appellant State Bank of India have acted mala fide or with any malice against the respondent. In the circumstances, we do not approve of the approach adopted by the High Court in allowing the writ petition.