KHEMCHAND TEJWANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution.

(2.) THE case of the petitioner is that a notification was issued by the Rajasthan Public Service Commission on 31-8-1954, inviting applications from graduates for appearing at a combined competitive examination for recruitment to Rajasthan Police Service amongst other Services. THE petitioner made an application, and was declared successful at the examination, and his name was recommended at No. 36 by the Public Service Commission for appointment in the Rajasthan Police Service. THE petitioner was required by the Government of Rajasthan to appear before a Medical Board on 29-12-1955, for medical examination as to the physical fitness of the petitioner. THE Medical Board declared, the petitioner to be unfit for Police Service, and the Government of Rajasthan by letter of 15-3-1956, informed the petitioner accordingly. It appears that although no official information was conveyed to the petitioner why he was declared medically unfit, the petitioner got scent that he was declared unfit by the Medical Board because he was found wearing glasses of the power of -- 4. 5 in one of his eyes for correction of the eye-sight to 6/6. He accordingly wrote a letter to the Government on 18-1-1956, that the number of his glasses was -4. 0 for correction of his vision to 6/6 and enclosed a prescription of Dr. R. P. Sarda dated 29-9-1949, recommending glasses of that power for the correction of his vision. A further representation was made on 24-1-19. 56, and a reply was sent by the Government on 25-2-1956, that no relaxation beyond the prescribed standard was possible, and as the strength of his glasses was found by the Medical Board below the prescribed standard, the request of the candidate for reconsideration of his case could not be entertained. THE petitioner wrote another letter to the Government on 1-3-1956, praying for another Medical Board. This request was turned down by letter of 18-4-1956. THE petitioner has come to this Court by his petition of 18-7-1956, on the allegation that the reasons given by the Board for his being medically unfit were not correct. THE only ground for unfitness was stated by the Board to be that he was wearing glasses of the strength of -4. 5 while according to Rules only -4 was allowed. THE contention of learned counsel for the petitioner is that his glasses at the time were only -4, and not -4. 5, and in any case, the standard of correction required with glasses, according to the revised instructions of the Government was Better Eye Worse Eye 6/6 6/12 but the Medical Board did not examine him with reference to the levised standard laid down by the Government. It was, therefore, prayed that the rejection of the petitioner by the Government on the ground of physical unfitness be set aside, and in the alternative it was prayed that another Medical Board be appointed for the examination of his eye-sight in accordance with the instructions of the Government for candidates appearing at that examination.