STATE OF TELANGANA Vs. KADTHALA MAHESH

JUDGEMENT

(1.) This Writ Appeal is filed by the appellants-State aggrieved by the order dtd. 14/7/2023 in W.P.No. 18093 of 2020 passed by the learned Single Judge of this Court.

(2.) Heard learned Government Pleader for Services-I appearing for the appellants and Sri Ramesh Chilla, learned counsel for the respondent-writ petitioner.

(3.) Learned Government Pleader appearing for the appellants contended that pursuant to the Notification vide Rc.No.88/Rect./Admn.1/2018, dtd. 31/5/2018 issued by the Chairman, TSLPRB, Hyderabad, for filling up the vacancies of SCT PCs (Civil) and/or equivalent posts as per the Special Rules, called as "T.S. Police (Stipendiary Cadet Trainee), Rules 1999, issued vide G.O.Ms.No.315, Home (Police) Department, dtd. 13/10/1999, along with the amendments made from time to time, the respondent herein was provisionally selected for the post of SCT PC (Civil) from Cyberabad/RR Unit and after verification of antecedents, he was subjected to Medical Examination at Osmania General Hospital, Hyderabad on 24/10/2019, wherein he was declared unfit due to vision problem. As per the report dtd. 24/1/2020 submitted by the Superintendent, Sarojini Devi Eye Hospital, Hyderabad, the respondent was examined by the Medical Board consisting of three doctors (Ophthalmologist) and his distant vision of right eye was recorded as '6/18' and left eye as 6/19 as such, declared him unfit for the said post. As per the amendment of SCT Rules issued vide G.O.Ms.No.97, dtd. 1/5/2006, distant vision should be '6/6' of both right eye and left eye and the same was mentioned in para 16-E of the Recruitment Notification dtd. 31/5/2018. Since the respondent was declared unfit by the Medical Board of Sarojini Devi Eye Hospital, subsequently based on report, the respondent was issued a show-cause notice dtd. 10/3/2020 calling for his explanation as to why his provisional selection should not be cancelled. Pursuant to the said show-cause notice dtd. 10/3/2020, the respondent submitted his explanation on 19/3/2020 stating that he took laser treatment and got cured of his sight problem, and hence, requested to refer him to another hospital for re-examination. Having not been satisfied with the said explanation, the provisional selection of the petitioner was cancelled vide Memo No.213/Rect.Genl.2/2019, dtd. 7/9/2020. Aggrieved by the same, the respondent herein filed W.P.No.18093 of 2020, and a learned Single Judge of this Court allowed the said writ petition vide order dtd. 14/7/2023 observing as follows :-