MOHD FAISAL Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) Petitioner-Mohd.Faizal desirous of joining the Police Force had applied to the Delhi Police in response to an advertisement to fill up 2359 vacancies of Constables (Executive). Petitioner was assigned Roll.No.429623 and was put through a written test, physical and measurement test, interview and declared provisionally selected, subject to verification of his character and antecedents. Petitioner was also got medically examined at Guru Tegh Bahadur Hospital, Delhi and declared unfit on account of "Colour Blindness". Petitioner preferred an appeal and a Medical Board was constituted for re-examination. Upon re-examination, LNJP Hospital submitted a report on 15th January, 2004, holding the petitioner to be unfit recording it as a case of `partial colour blindness'. Delhi Police cancelled the candidature of the petitioner vide order dated 28th January, 2004

(2.) Petitioner aggrieved by the cancellation of candidature, challenged it by OA.No.522/2004, before the Central Administrative Tribunal, hereinafter referred to as the Tribunal. The Tribunal vide its order/judgment dated 13th October, 2004 dismissed the OA, holding that since petitioner was suffering from colour blindness, he was not eligible to be appointed to the post of Constable (Executive), as there was a bar under Rule 9 of the Delhi Police (Appointment and Recruitment) Rules, 1980.

(3.) Petitioner impugns the order/judgment dated 13th October, 2004, in the writ petition. The writ petition involves interpretation and effect of Rule 9 read with Rule 24(a) of Delhi Police (Appointment and Recruitment) Rules, 1980 and the instructions given in the Appendix to the said Rules for medical examination. For facility of reference, the text of Rule 9 as also Rule 24(1)(2) and the relevant provisions of the Appendix is reproduced below:- Rule 9 Recruitment of Constables:- (v)Physical, educational, age and other standards for recruitment to the rank of Constable shall be as under:- (e)Physical Sound state of No relaxation standard health, free from permissible defect/deformity/ disease, vision 6/12 without glasses both eyes, free from colour blindness. Rule 24.Medical examination of candidates