(1.) WITH reference to the decision reported as 131 (2006) DLT 170 (DB) Anish barla vs. UPSC, learned counsel for the petitioner states that notwithstanding a Review Medical Board being constituted, this court has jurisdiction to pass a direction to the CRPF directing that the petitioner should be forthwith issued a letter of appointment for the post of Assistant Commandant.
(2.) THE factual backdrop of the claim of the petitioner is that having successfully cleared the written exam and the physical endurance test he was opined to be not fit for appointment when the medical Board gave an opinion that due to LATENT SQUINT WITH MILD PTOSIS OF eye, the petitioner was unfit for appointment to the post of Assistant commandant.
(3.) IN layman's words, the petitioner is detected with a light squint i. e. both eyes could not focus simultaneously at the same point and the upper eyelid was dropping a little. The petitioner got himself examined at Dr. Rajendra Prasad centre for Ophthalmic Sciences at All India Institute of Medical Sciences where an Ophthalmologist opined that the petitioner had a very mild dropping of the right upper eyelid but the same was within physiological limits and is unlikely to interfere with his field of vision and hence was not a hindrance for performing duties. Pertaining to the squint it was opined that the petitioner was having Exophoria of 2 pd BI for distance and 4 pd BI for near with good stereopsis.