ARVIND KUMAR AGRARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) AT the request of learned counsel for the parties, arguments were heard and the writ petition is being disposed off finally.

(2.) RESPONDENT i.e. Ministry of Railways(Railway Board), New Delhi, issued a Gazette Notification dated 10.01.2004 for a Combined Competitive Engineering Services Examination, to be held by the Union Public Service Commission(for short 'the UPSC') to fill up the vacancies in various services/posts. Category IV was relating to Electronics and Telecommunication Engineering. Petitioner was one of the candidates who appeared in the said examination and remained successful, his name was recommended for appointment, however, he was declared unfit in the service on medical ground i.e. on account of "Pathological Myopia, more than 4D", vide letter dated 23.06.2005. Petitioner preferred an appeal before the Appellate Medical Board, but without success. Thereafter, he preferred Original Application No.441/2005 before the Central Administrative Tribunal, Jaipur Bench, Jaipur (for short 'the Tribunal'), the same was also dismissed vide order dated 17.07.2007. Order of the Tribunal along with order of Medical Board and Appellate Medical Board have been challenged by the petitioner before this Court in the instant writ petition contending that members of Medical Boards constituted by respondents were having no specialization of disease "pathological myophia more than 4D".

(3.) WE have considered the submissions of the learned counsel for the parties and examined the order of Central Administrative Tribunal, Jaipur Bench, Jaipur as well as various medical reports of various Medical Boards of petitioner in respect of 'Pathological Myopia more than 4D'.