Shillong (Meghalaya), July 9: The Meghalaya High Court has delivered a significant judgment in the case of Smt. Naresh Kumari vs. Union of India & Ors., concerning the recruitment of staff nurses in the Assam Rifles. A Division Bench comprising Justice I.P. Mukerji, Chief Justice, and H Justice W. Diengdoh, Judge, ruled that the differentiation in vision standards between gazetted officers and subordinate officers, including nurses, is arbitrary and unreasonable.
Smt. Naresh Kumari, a candidate for the post of Nurse in the Assam Rifles, was declared unfit due to a LASIK surgery, despite having acceptable vision standards. The policy guidelines for recruitment in the Assam Rifles differentiate between direct entry gazetted officers and subordinate officers, including nurses, in terms of vision standards.
The court held that the vision standards prescribed for nurses are “wholly improper, absolutely unreasonable and discriminatory.” The court noted that doctors, who are direct entry officers, are exempted from disqualification due to laser surgery, while nurses, being paramedics, are disqualified if they have undergone the same medical procedure.
The court found that the differentiation in requirements for personnel in the same rank is “wholly arbitrary and unreasonable.” The court ruled that the requirements of Table-3 with regard to subordinate officers shall be disapplied in the case of nurses, and paragraph 67, which applies to direct entry gazetted officers, would also apply to nurses. The respondent/writ petitioner’s eye examination report shall be revised according to the findings above, and she shall be selected to the post of Nurse in the Rajasthan vacancy immediately. All other posts advertised may also be filled up in accordance with law.
This judgment highlights the court’s emphasis on fairness and equality in the application of medical standards for all personnel, including nurses, in the Assam Rifles.
