AJAY PANDAY Vs. UOI

JUDGEMENT

(1.) Both the aforesaid writ petitions raise common questions of law. The first issue raised in these petitions is whether appointment to the rank of Sub Inspector (Exe) in the Central Industrial Security Force (for short "CISF") by Limited Departmental Competitive Examination (for short "LDCE") is appointment by promotion or by direct recruitment. The second issue which arises and which is an offshoot of the first issue is as to whether the Respondents have prescribed different medical standards for eligibility of candidates to the same post, i.e., for those selected from the feeder cadre for promotion to the rank of Sub Inspector in the same organization and for those selected through LDCE for the same rank.

(2.) The facts in both the petitions are identical. Both the Petitioners are currently posted as Constables on General Duty in the CISF and claim to be fit in all respects. Both aspire to be Sub Inspectors and for the aforesaid purpose appeared in "LDCE" for appointment to the post of Sub Inspector (Exe). Pursuant thereto, they appeared in the written examinations and after duly qualifying the same appeared in and cleared the Physical Efficiency Test (PET) as well as the interview. Their respective names figured amongst the persons selected for appointment to the post of Sub Inspector (Exe) subject to their medical fitness. When they underwent medical examination, however, they were shocked to learn that they had been declared medically unfit on the ground of "Sub Standard Vision", even though they had continued to be in Medical Shape-I in each of the Annual Medical Checkups which they had undergone as Constables in the CISF.

(3.) Subsequently, the Petitioners submitted appeals to the Inspector General for being examined by the Review Medical Board. The Petitioner in WP(C) No. 1938/2011, namely, Constable Ajay Pandey was examined by a Review Medical Board on 14.03.2011 where his distant vision was found to be 6/6 but apparently for the reason that he had undergone a laser surgery he was once again declared medically unfit.