YOGESH DUTT Vs. UNION OF INDIA

JUDGEMENT

(1.) WE have heard Shri Ashok Khare, Senior Advocate assisted by Shri Siddharth Khare for the petitioner. The office of the Additional Solicitor General of India accepted notice on behalf of the Union of India. The State Bank of India is represented by Shri Arun Kumar Mishra.

(2.) THE petitioner was selected as a Probationary Officer in the selections held in pursuance to the Advertisement No. CRPD/PO/2008-09/04 published by the State Bank of India in unreserved category. By this writ petition he has prayed for quashing the communication of Assistant General Manager (Human Resources), State Bank of India, Human Resource Department, Local Head Office, Bandra East, Mumbai dated 18.5.2009, intimating him that he is medically unfit for the appointment in the bank as Probationary Officer. In the medical examinations conducted on the person of the petitioner, it was reported by Dr. Atul Kumar, Senior Medical Officer, State Bank of India, Varanasi vide report dated 25.4.2009 in columns 15 and 16 that he is unfit to discharge his duties in the service on account of "left eye absent".

(3.) THE petitioner appeared in the preliminary written examinations on 12.10.2008 and was declared successful. He appeared in the written examination with Roll No. 6210000732 on 30.11.2008. He was declared to have qualified and was called for appearing in the interviews to be held on 6.2.2009. In the final result of the examination the petitioner was shown to be finally selected for the post of Probationary Officer. By communication dated 22.4.2009 issued by Assistant General Manager (Human Resource), State Bank of India, Administrative Office, Varanasi before 25.4.2009 he was required to undergo medical examination.