AZAD SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The Police Department of the Chandigarh Administration, Chandigarh, issued an advertisement in March, 1994, inviting applications for 80 posts of constables. Suffice it to state, that the petitioner applied for appointment against the post of constables advertised in March, 1994.

(2.) Having participated in the process of selection, the petitioner was found meritorious and within the zone of appointment. It is in the aforesaid circumstances, that the petitioner was deputed for medical examination. He was medically examined by an Eye specialist at the General Hospital, Sector-16, Chandigarh, who arrived at the conclusion, that the eye- sight in one of the eyes of the petitioner, was inadequate, and accordingly, declared him medically unfit for appointment against the post of constable.

(3.) The petitioner made a representation to the Inspector General of Police, UT, Chandigarh, asserting, that his medical examination had been conducted by the General Hospital, Sector 16, Chandigarh, when he was suffering from eye flu, and that was the reason why he was found medically unfit. He also produced a medical certificate issued by the Civil Hospital, Karnal, wherein, it was affirmed, that his vision was normal. In view of the aforesaid request made by the petitioner, the Inspector General of Police, UT, Chandigarh, addressed a communication dated 21.10.1994 to the, Principal Medical Officer and Director, Health Services, Chandigarh Administration, Chandigarh, requiring him to re-examine the petitioner so as to ascertain, whether the defect earlier recorded in one of the eyes of the petitioner, was on account of the eye flu suffered by him. Relevant portion of the communication addressed by the Inspector General of Police to the Principal Medical Officer and Director, Health Services, Chandigarh Administration, Chandigarh, is being extracted hereunder:-