Sri Shyamal Kumar Sahu vs The Eastern Coalfield Limited & ...
2023 Latest Caselaw 2025 Cal

    22.
27-03-2023

debajyoti (Ct. no.25) WPA 5094 of 2023

Sri Shyamal Kumar Sahu Vs.

The Eastern Coalfield Limited & Ors.

Mr. Arup Krishna Das ... For the Petitioner.

Mr. Manik Das ... For E.C.L.

The petitioner's grievance is that his candidature was rejected on the ground of Amblyopia in the left eye and Hypertension in the Initial Medical Examination held on June 24, 2022 by the Board of Eastern Coalfields Limited (in short 'ECL'). The petitioner applied for recruitment to the post of Mining Sirdar, pursuant to an Employment Notification dated February 19, 2022.

In the Review Medical Examination, the petitioner was held unfit for employment due to low vision with Amblyopia in the left eye.

Mr. Arup Krishna Das, learned counsel, appearing on behalf of the petitioner, submits that he is covered by a judgment passed by a coordinate Bench of this Hon'ble Court in WPO 272 of 2020 (Ashes Kumar Roy Vs. Coal India Limited and others) in support of his contention that Amblyopia cannot be a ground for rejection since the same has not been stipulated to be a ground for rejection in the Medical Attendance Rules of Coal India Limited (CIL).

Mr. Manik Das, learned counsel, appearing on behalf of ECL, submits that Amblyopia was not the reason why the petitioner was declared to be unfit for

employment. Since the petitioner had low vision, he was declared unfit for employment. Mr. Das further submits that the recruitment process has already been completed.

On perusal of the Medical Attendance Rules, this Court finds that the vision should be of the following standards. In case the naked eye vision of one eye was 6/12 and corrected with glasses to 6/6 and for the other eye was 6/24 and corrected with glasses to 6/9, the candidate would be considered fit for recruitment.

Learned counsel for the petitioner prays for leave to take necessary instructions in the matter.

Let the matter appear in the list for further consideration under the same heading "Motion" on April 18, 2023.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Lapita Banerji, J.)