Cannot disentitle candidate with specs for forensic sub-inspector post, State told

These candidates had cleared the written examination but when they underwent endurance test, they were found not suitable as per the prescribed visual standards. The single judge who heard the plea held that the notification did not specify the visual standards, and noted that this was not a work that could not be done while wearing glasses. What these candidates lacked was only adequate and insufficient power in the eyes.

The State moved an appeal, arguing that there was no arbitrariness in the Medical Board’s views. However, the division bench comprising Justice MM Sundresh and Justice S Ananthi said, “Since it is clear that the respondents can perform by wearing glasses, their candidature cannot be rejected by making them to undergo a test without wearing glasses. The question is the suitability to the job and not otherwise.

“The classification sought to be made is certainly violative of Article 14 of the Constitution. If it is approved, a candidate who is wearing specs would become disentitled for being considered to the post. It is an indirect way of fixing qualification on the sole premise that a candidate wearing glasses cannot be considered,” the bench said.

Citing a Supreme Court order, the court added that it was the insufficient/inadequate eyesight that makes a person wear spectacles. This deficiency is resolved once the person wore it. “Therefore, such a person becomes eligible on a par with the other person who performs without glasses,” it said.