BHAVESH KHIMABHAI PANDIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition, under Article 226 of the Constitution of India, the prayer of the petitioner is that his unfit certificate dtd. 25/1/2022 be quashed and set aside.

(2.) The facts would indicate that the petitioner applied for the post of Electrical Assistant. The petitioner was sent for medical examination at Jamnagar Civil Hospital where the Board declared him unfit on the ground of colour vision blindness. Thereafter, he was sent to the Civil Hospital, Ahmedabad, and on examination at Ahmedabad, the impugned certificate was issued stating that he is colour blind and therefore unfit for the post in question.

(3.) Having heard Mr. Kashyap Tripathi, learned advocate for the petitioner and Mr. Dipak Dave, learned advocate for respondent no. 2 as well as Mr. Kurven Desai, learned AGP for State on advance copies, it is borne out that the issue involved in the present petition is squarely covered by the decision of this court rendered in Special Civil Applications No. 6217 of 2021 with 8611 of 2020 on 8/2/2022. The relevant portion of the said decision reads as under: