DARSHANBHAI NAVINCHANDRA TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave to join Board of Referees, Gujarat State, M and J Institute of Ophthalmology, Manjushree Mill Compound, Baliya Limdi Char Rasta, Asarwa, Ahmedabad - 380016 as party respondent No. 3.

(2.) Rule returnable on 8/6/2022. This petition under Article 226 of the Constitution of India, challenges the order of termination of a Staff Nurse, who was engaged on a contractual basis on a fixed pay for five years.

(3.) Facts in brief would indicate that the petitioner by an appointment order dtd. 4/9/2021 was appointed as a staff nurse for a period of five years. Condition No. 15 stipulated that the appointment will be subject to the candidate being declared medically fit on the basis of examination undertaken by the District Medical Officer. Looking to the situation at the relevant point of time in terms of a high demand of staff nurse, it appears that the petitioner was appointed and was permitted to resume his duties subject to medical examination. The respondent, Medical Officer of Sir-T Hospital, Bhavnagar, on 20/9/2021, addressed a letter to the Chairman of Board of Referees, M and J Institute of Ophthalmology, referring the case of the petitioner for examination and opinion to the Board of Referees. Amongst other things, the detailed report of the eye examination found that the petitioner had defective colour vision activity in both eyes. In other words, the petitioner was colour blind. Based on reference made by the hospital to the Board of Referees, the Board of Referees by an opinion dtd. 5/3/2021 reported by way of a certificate that the petitioner is unfit as staff nurse. This resulted in the respondents passing an order of termination dtd. 17/1/2022. The order of termination is under challenge. This Court passed an order on 31/1/2022 issuing notice making it returnable on 20/2/2022 recording certain facts. The order reads as under: