HC directs TNUSRB to consider cases of persons with

The Madras High Court bench here Tuesday directed the police recruitment body to consider the cases of aspirants for sub-inspector rank posts whose candidature had been rejected on the sole ground their eye power, which is rectifiable, did not meet required visual standards.

"It is well settled in law that a physical defect or deformity, which in no way interfere with the normal or efficient functioning, should not be considered as a absolute bar to public employment in regard to the posts not associated with physical activity," Justice R Mahadevan said.

He was allowing a batch of petitions by the candidates seeking a direction to the Tamil Nadu Uniformed Services Recruitment Board (TNUSRB) to consider them for appointment to the posts of Sub-Inspector Technical and Finger Print.

The Judge noted the candidates who had been declared selected were rejectedon the ground their vision was not fulfilling the required standards and said there was no nexus between the job they were supposed to do and the eye sight.

If such defect does not come in the way of their normal functioning and can be corrected, the candidates should not be treated as medically unfit, he said adding technology had also developed well and gone beyond the imagination.

So long as the defect or deformity can be corrected and it had no effect on the efficient and normal functioning of the person, the defect by itself cannot be a ground to dis-entitle him for being considered for that post, he said.

The petitioners' eye vision defect pointed out by the board could be easily cured with scientific methods.

The Judge also held rejecting the candidates citing a new rule which was not mentioned in the recruitment notification was arbitrary and illegal.

In future, the TNSURB should include any such conditions as prescribed under the relevant rules and G.Os at the time of issuing notification to avoid situations such as now, the Judge added.