UNION OF INDIA Vs. SAIKAT ROY

JUDGEMENT

(1.) THE instant petition has been filed by the petitioner assailing the order dated 12th August, 2013 in O.A.No.2078/2012 passed by the Central Administrative Tribunal, Principal Bench, New Delhi. The factual matrix of the case is undisputed. The respondent had participated in an examination conducted by the Union Public Sevice Commission (UPSC) for selection to the post of Junior Geologist Group 'A' in the Geological Survey of India. Having qualifying the said examination, the respondent was directed by the petitioner to appear before the Central Standing Medical Board at Safdarjung Hospital, New Delhi on 20th January, 2011 for a medical examination. The medical board, after examining the respondent declared him 'unfit' on the ground of his having undergone Lasik Surgery.

(2.) PURSUANT thereto the petitioner before us passed an order dated 28th February, 2012 operative part of which is to the following effect:

(3.) IT is not disputed that neither the recruitment rules for the said post nor the advertisement prescribe that Lasik Surgery for correction of eye sight would be treated as disqualification for the post of Junior Geologist, Group 'A'.