DESAI JITENDRA JIVANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present writ petition, the petitioner has prayed for quashing and setting aside the action of the respondent authorities of not considering his case for the appointment of the post of Unarmed Police Constable and has challenged the order/ communication dtd. 11/1/2012 (12/1/2012) after a period of 08 years.

(2.) The petitioner was selected as a Lok Rakshak in the year 2012 and thereafter, it appears that after his medical examination, vide fitness certificate dtd. 12/9/2011, he was declared fit for a table work and vide communication dtd. 11/1/2012 (12/1/2012), he was informed that he was declared unfit for the appointment on the post of Lok Rakshak. The said communication is challenged after a period of 08 years on the ground that similarly situated employees are appointed on the post of Lok Rakshak.

(3.) Learned advocate for the petitioner has submitted that the issue is squarely covered by the various decisions of the Division Bench of this Court as well as the Coordinate Benches of this Court, whereby the Lok Rakshaks, who are declared as medically unfit on the ground of color blindness have been directed to be reinstated in service. He has submitted that the case of the petitioner is also squarely covered by such decisions. He has placed reliance on the order dtd. 18/2/2019 passed in Special Civil Application No.483 of 2019. Thus, he has submitted that appropriate directions may be issued directing the respondent authority to appoint the petitioner on the post of Lok Rakshak.