The Delhi High Court has dismissed a writ petition filed by the Commissioner of Delhi Police challenging a Central Administrative Tribunal (CAT) order that directed the appointment of candidates who had undergone LASIK (refractive) surgery to the post of Assistant Wireless Operator/Tele-Printer Operator (Head Constable).
A Division Bench of Justice Navin Chawla and Justice Madhu Jain held that in the absence of any specific provision in the applicable Recruitment Rules disqualifying candidates who had undergone refractive surgery, such candidates could not be declared medically unfit solely on that ground.
The case arose from the recruitment process initiated in July 2022 for the post of Assistant Wireless Operator/Tele-Printer Operator in the Delhi Police. The respondents were initially declared unfit during the Detailed Medical Examination on the ground of defective vision and were again declared unfit by the Review Medical Examination Board on the basis that they had previously undergone LASIK surgery. The CAT subsequently quashed the review medical board’s decision and directed that the candidates be appointed with notional benefits but without back wages.
Before the High Court, the Delhi Police contended that the Recruitment Rules had been amended in 2018 to require vision to be tested without correction, including surgery. However, the respondents pointed out that no such amendment applied to the post in question. This position was not disputed by the petitioners during the hearing.
The court found no infirmity in the CAT’s order, which observed that the post of Assistant Wireless Operator is primarily a desk job and that LASIK surgery would not affect the performance of duties. The Court clarified that while the present decision is based on the rules as they currently stand, it would not prevent the authorities from amending the Recruitment Rules prospectively, if so advised.
Accordingly, the writ petition was dismissed, and the Delhi Police were directed to comply with the CAT’s order within four weeks.
Appearances
Petitioners- Mr. Ashish K. Dixit, CGSC with Mr. Umar Hashmi and Ms.Iqra Sheikh, Advs.
Respondents- Mr. Ashish K. Dixit, CGSC with Mr. Umar Hashmi and Ms.Iqra Sheikh, Advs.
