UNION OF INDIA Vs. DEEPESH K

JUDGEMENT

(1.) Whether the respondent can be disqualified for appointment as Technician Signal Maintainer Grade-II in the Indian Railways, classified as a post under Medical Category B-1 in the Indian Railways Medical Manual (IRMM), for the reason that he had undergone Zyoptix Laser treatment in both eyes, is the question that arises for consideration before us in this Original Petition filed by the Indian Railways challenging the impugned order of the Central Administrative Tribunal, Ernakulam Bench in O.A.No. 61/2011 holding that he cannot be disqualified for employment in Category B-1 for the sole reason of having undergone the said treatment.

(2.) The facts in brief are thus:

(3.) Per contra, the Railways would contend that Radial Keratotomy and Zyoptix Laser treatments are both refractive eye surgeries to change the refractive surface of the cornea and having undergone the Zyoptix Laser treatment, the applicant is disqualified for posts coming under categories A-1 to A-3 and B-1. The posts for which the applicant had applied comes under category B-1, which requires good eye sight, considering the safety of public travelling in the Railways.