Shyamal Kumar Sahu v. The Eastern Coalfield Limited And ORS.

17.05.23 82 Ct. No.25 Sws.M WPA 5094 of 2023 Sri Shyamal Kumar Sahu Vs.

The Eastern Coalfields Limited & Ors.

Mr. Arup Kumar Das ....for the petitioner Mr. Manik Das ...for the ECL The Medical Attendance Rules-CIL as handed over in court today is retained with the records. The petitioner's grievance is that his candidature has been rejected on the ground of low vision in the Review Medical Examination (RME) held as per the Medical Attendance Rules of Coal India Limited (CIL). The petitioner applied for recruitment to the post of Mining Sirdar pursuant to the employment notification dated February 19, 2022 of the Eastern Coalfields Limited (ECL). In the RME petitioner's vision in respect of right eye (better eye) was found to be 6/6 with glasses and the petitioner's vision in the left eye (worse eye) was found to be 6/18. The prescribed limit of vision as per CIL's Rules is 6/12 for the naked eye (better eye) to be corrected with spectacles/glasses to 6/6 and for the worse eye, naked eye vision 6/24, to be corrected with spectacles/glasses to 6/9.

Admittedly, the petitioner's vision in the left eye (worse eye) was 6/12 with glasses as per a

prescription dated July 19, 2022 annexed by the petitioner himself issued by DHH, Jharsuguda. This court finds that the vision of the petitioner is not within the prescribed limits/permissible limits of the Medical Attendance Rules - CIL. Therefore, there was no arbitrariness or capriciousness in the decision making process of rejection of petitioner's candidature for recruitment to the post of Mining Sirdar.

In the light of the discussions above, WPA 5094 of 2023 is dismissed.

Since no affidavits have been invited in the writ petition, the allegations contained in the writ petition is deemed not to have been admitted by the parties.

All parties to act on the server copies of this order duly downloaded from the official website of this Hon'ble Court.

(Lapita Banerji, J)