CAT directs man rejected for undergoing vision correction surgery be appointed to Delhi Police

The Central Administrative Tribunal has directed the SSC and the Delhi Police to notify the appointment of a man whose candidature was rejected for having undergone an eye correction surgery.

The tribunal directed the Staff Selection Commission and the Delhi Police to release within three months the dossiers and to complete the subsequent follow-up action regarding the appointment of Abhishek Yadav, a Delhi resident, who was rejected in a medical examination for recruitment to Delhi Police in 2017.

Yadav appeared for the recruitment process for the posts of sub inspector in Delhi Police, Central Armed Police Forces (CAPF) and assistant sub inspector in CISF examination in 2017, where he successfully qualified for the written and two subsequent physical tests on October 23, 2017.

However, he was disqualified in the medical examination held in April, 2018 for having undergone LASIK surgery to correct his vision.

In his appeal before the review medical board, he claimed that he fulfilled the eligibility criteria with respect to his vision as per medical categorisation. However, he was rejected again and declared unfit.

The CAT had in its 2014 order allowed application of similarly placed candidates, who were rejected in the recruitment examination for Delhi Police on account of having undergone LASIK surgery. They were later appointed in the Delhi Police after a favourable order from the tribunal.

The tribunal said that since Yadav's case and circumstances were similar and therefore it would be incorrect to discriminate against him.

"As the medical standard prescribed for the instant selection and the selection under question is exactly the same and for same post. In view of this, it would not be correct to discriminate the instant applicant when other circumstances are similar," CAT's judicial member R N Singh and administrative member Pradeep Kumar said.