KHANT HARISHCHANDRA AMARSINH Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) BY this Letters Patent Appeal, under Clause 15 of the Letters Patent, the challenge is against the judgment and order of the learned Single Judge, dated 29.4.2002 in writ petition being Special Civil Application No.12947 of 2000, whereby the appellant- original petitioner, challenging the order of termination of the respondent-authority from the post of Unarmed Police Constable, on the ground of medically certified " Colour Blindness " came to be rejected. The short question, which emerges from the record for consideration and adjudication in this Letters Patent Appeal, is as to whether the medically certified " colour blindness" could be said to be a disability, rendering the person, like the original petitioner for the post of Unarmed Police Constable unfit ? This question is answered in the negative by the leaned Single Judge, holding that the original petitioner's service has been terminated in consonance with the terms of appointment. With a view to apprecciating this issue in focus, let us have at the outset, a short, but relevant spectrum of material facts, giving rise to this Letters Patent.