Case Note & Summary
The petitioner, Chetankumar M.N., applied for recruitment to the Karnataka State Police (Ministerial Services). He was found to have a squint eye, and the Karnataka State Administrative Tribunal rejected his application (Application No.145/2021) on the ground that the Recruitment Rules, specifically the Karnataka State Police (Ministerial Services) (Recruitment) (Amendment) Rules, 2009, barred candidates with squint eye. Aggrieved, the petitioner filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka. The High Court heard the counsel for the petitioner and the State. The Court observed that the Tribunal had adopted a strict interpretation of the rules without considering whether the squint eye actually disables the candidate from performing the duties of the post. The High Court held that the condition cannot be an absolute bar and that the medical board should assess the candidate's fitness. The Court set aside the Tribunal's order and remitted the matter back to the Tribunal for fresh consideration, directing that the petitioner be examined by a medical board to determine his suitability. The decision emphasizes that recruitment rules should not be applied mechanically and that each case must be evaluated on its merits.
Headnote
A) Service Law - Police Recruitment - Squint Eye Disqualification - Karnataka State Police (Ministerial Services) (Recruitment) (Amendment) Rules, 2009 - The petitioner was rejected by the Karnataka State Administrative Tribunal on the ground that he had squint eye, which was considered a bar under the Recruitment Rules. The High Court held that the condition barring candidates with squint eye cannot be applied mechanically and that the medical fitness of the candidate must be assessed by the medical board to determine if the condition affects his ability to perform the duties. The Tribunal's strict interpretation was set aside, and the matter was remitted for fresh consideration. (Paras 2-4)
Issue of Consideration
Whether a candidate with squint eye is absolutely disqualified from being appointed to the Karnataka State Police (Ministerial Services) under the Recruitment Rules.
Final Decision
The High Court allowed the writ petition, set aside the order of the Karnataka State Administrative Tribunal dated 12/11/2021 in Application No.145/2021, and remitted the matter back to the Tribunal for fresh consideration. The Tribunal is directed to have the petitioner examined by a medical board to assess his fitness for the post.
Law Points
- Squint eye not an absolute bar for police ministerial services
- Medical fitness to be assessed on case-by-case basis
- Strict interpretation of recruitment rules may be relaxed in appropriate cases
