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In a recent judgment in the matter of Mohamed Musaf Raseen v. State of Tamil Nadu the Madras HC laid down that “denying the employment opportunity on the ground of deviation in the visual standard, citing a new rule, which is not at all referred to in the employment notification, is arbitrary and illegal”. This observation of the court came out in the matter where petitioner had challenged the earlier order passed by the Additional Director General of Police, State Crime Records Bureau, whereby the name of the petitioner was deleted from the provisional list selected for the post of Sub-Inspector of Police due to lack of eye vision.
The petitioner Mohamed Raseen contended before the court that in the earlier notification passed there was no mention of the standard of eye vision required for the post of Sub-inspector. However, after passing all the required tests the candidate’s name was removed from the selected candidates list on the pretext of medically unfit due to his lower vision. The court thereafter hearing the counsels reiterated its earlier decision that "it is settled law that a physical defect or deformity, which in no way interferes with the normal or efficient functioning, should not be considered as an absolute bar to public employment in regard to the posts not associated with physical activity." The judge were of the that if any defect does not come in the way of their normal functioning of the job post and also if any defects can be corrected with the help of the advanced scientific techniques, the petitioners should not be treated as medically unfit.
Hence, it was held that denying the employment opportunity to the petitioners on the ground of deviation in the visual standard, citing a new rule, which is not at all referred to in the notification, is arbitrary and illegal. The Court had accordingly set aside the impugned orders saying it cannot be sustained in the eyes of law. It had directed the respondents to consider the candidatures of the petitioners for appointment to the post of Sub-Inspector of Police, if they are otherwise find him eligible for the post. The court also further noted that the state authorities if wanting to include any such condition as qualification for the job post then it must be prescribed under the relevant Rules and the Government orders at the time of issuing notification itself and such rules cannot be declared after completion of selection procedure.
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