DESAI JITENDRA JIVANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. N.K.Majmudar for the appellant and learned Asst. Government Pleader Mr. Dhawan Jayswal for the respondent - State.

(2.) The challenge in this appeal is directed against judgment and order dtd. 3/9/2021 of learned single Judge thereby learned single Judge dismissed the Special Civil Application of the petitioner refusing to grant him the relief of giving appointment to the post of Unarmed Police Constable.

(3.) The order refusing the petitioner was passed by the authority concerned on 11/1/2012. It was on the ground that since the petitioner had been suffering from colour-blindness, the appointment would not be given. While praying for relief of directing the authorities to consider the case for appointment to the post of Unarmed Police Constable and to set aside the aforesaid communication dtd. 11/1/2012 refusing such appointment and further to consider the representation of the petitioner dtd. 28/9/2020, it was inter alia contended by the petitioner in para 3.6 of the petition that in several cases including in Special Civil Application No.7959 of 2013 and Special Civil Application No.15431 of 2017, this court has granted relief to the petitioner in similar cases, not accepting the ground that the disorder of colorblindness would disentitle the candidate from being appointed on the post. It was submitted that the petitioner was similarly situated therefore his case ought to have been considered on the same lines.