NARESH KUMARI Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition has been filed, seeking to interfere with the recommendation dtd. 8/6/2018 of the Review Medical Board, declaring the petitioner as unfit and also challenging the Government of India Guidelines dtd. 18/5/2012 and the Policy dtd. 20/5/2015 to the extent it infringes rights under Article 14 of the Constitution of India in prescribing different visual standards for Gazetted posts of Doctors and Non-Gazetted post of Nurses by permitting Lasik correction for Doctors and excluding the same for Nurses. The petitioner sought a direction to the Assam Rifles to consider her case for appointment as Staff Nurse, pursuant to her selection and medical fitness.

(2.) The case of the petitioner was that she had applied for the post of Staff Nurse and came out successful in the selection, but however, the Review Medical Board on 8/6/2018 has rejected her candidature on the ground that she had undergone Lasik surgery in both the eyes. It was the further case of the petitioner that in terms of the Guidelines for Recruitment Medical Examination in Central Armed Police Force (CAPFs) and Assam Rifles, which specifically deals with Refractive Surgeries, Clause No. 67 specifies as follows:

(3.) Learned counsel for the petitioner drew the attention of this Court Table No.3, prescribing Visual Standards for Direct Entry to SOs and ORs in CAPFs, NSG including Assam Rifles and the said Tabular Column is extracted below: <FRM>JUDGEMENT_5_LAWS(MEGH)3_2024_1.html</FRM>