AKHED ASHOK BHIMABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Ms. Mamta R. Vyas, learned advocate, Ms. Simpal S. Rathod, learned advocate for the petitioners and Mr. Sahil Trivedi, learned AGP on behalf of the respondent - State.

(2.) By way of these petitions, the petitioners have challenged their non-appointment to the post of Lok Rakshak/ Police Constable pursuant to the recruitment vide an advertisement of the year 2009, more particularly on the ground that the petitioners were suffering from the disability of colour blindness. Considering that the issue raised in the present petitions is identical and whereas submissions of both the parties also being identical qua issue involved, this Court deems it appropriate to take-up the present group of petitions for hearing together.

(3.) Considering the submissions made by the learned advocates for the parties, it would appear that insofar as principal issue is concerned i.e. whether the disability of colour blindness could be a disability for employment, this Court, seeks to rely upon the decision of Division Bench of this Court in Letters Patent Appeal no.1136 of 2018 in Special Civil Application no.7595 of 2013 dated 2 nd November, 2018. It requires to be observed here that the Hon'ble Division Bench, had inter alia observed that since there was no specific provision in the rules, which provided for disqualification on the ground that the candidate suffers from colour blindness, the orders, whereby the candidature / appointments of the petitioners had been rejected/ cancelled, were all set aside and the petitioners therein were directed to be appointed from the date on which they would have been ordinarily appointed as per the select list. It also requires to be mentioned here that the said law has been reiterated in number of decisions of this Court both of learned Co-ordinate Benches, as well as, Division Benches and whereas since the issue is no more res integra, this Court deems it appropriate to follow the law laid down by the Division Bench and whereas observation at para-12 are being reproduced hereinbelow for benefit.