M R BALAJI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD the arguments of Mr. K. Venkataramani, learned Senior Counsel appearing for Mr. M. Muthappan, counsel for the petitioners and Mrs. Bhavani Subbaroyan, learned Additional Government Pleader taking notice for the respondents and perused the records.

(2.) THE petitioner in W. P. No. 28903 of 2007 appeared for the written test for the post of Police Constable Grade II for the year 2002-03 and he was provisionally selected for the said post. However, when he was sent for the examination by the Medical Board, it was found that he had Visual Acuity Defect and, therefore, in terms of Rule 14 (b) of the Tamil Nadu Police Subordinate Service Rules [for short, 'tnpss Rules'], he was not given any appointment order. The petitioner filed a writ petition before this Court being W. P. No. 35968 of 2004 challenging the order dated 26. 10. 2004 rejecting his request for sending him for second medical examination. This Court did not grant the relief but on the basis of the confession made by the learned Special Government Pleader, the respondents were directed to constitute a second Medical Board and on receipt of the report from the second Medical Board, further course of action should be taken by the authorities.

(3.) PURSUANT to the said order, the petitioner was sent for a check up by the Director and Superintendent of the Regional Institute of Ophthalmology and Government Ophthalmic Hospital, Chennai. Even before that, a query was made by the Government and the Director and Superintendent of Regional Institute of Ophthalmology and Government Ophthalmic Hospital, Chennai - 8, informed the Government as follows: