RAJDEEP SINH TAKHATSINH ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 11.07.2018 passed by the learned Single Judge in Special Civil Application No.7595 of 2013, whereby the learned Single Judge has disposed of the petition by holding that the petition deserves to be dismissed, but has clarified that the respondents may consider in their discretion to accommodate the petitioners in any suitable post for the table work having similar pay-scale, which may be considered in a sympathetic way.

(2.) The facts giving rise to the present appeal are that an advertisement dated 11.02.2009 came to be issued by the Additional Director General of Police (Administration), State of Gujarat, Gandhinagar inviting applications for the post of Lok Rakshak. The appellants herein applied and successfully passed the written examination and oral interview and were medically examined by the Civil Surgeon and declared medically fit for desk job. All the appellants were issued similar kind of certificates.

(3.) Mr. Nikhil Kariel, learned advocate for the appellants, submitted that before the learned Single Judge, on behalf of the appellants reliance upon a decision dated 26.04.2018 rendered by another learned Single Judge of this High Court in Dineshbhai Govindbhai Kathechiya rendered in Special Civil Application No.7638 of 2013, whereby the learned Single Judge had held that the respondent authorities had illegally and arbitrarily refused appointment to the petitioners therein without properly examining the rules governing their medical examination and directed the respondents to consider the case of the petitioners therein for appointment to the post of Lok Rakshak ignoring their colour blindness, and if nothing adverse is found against them, to forthwith appoint them on the said post. It was submitted that the said decision was based on identical facts and that the petitioners therein were persons who had appeared in the same examination as the appellants herein and that the judgment of a Coordinate Bench being binding upon the learned Single Judge, the learned Single Judge was not justified in not following the said decision and disposing of the petition in the manner as has been done in the present case. It was pointed out that the appellants herein were found to be "fit for table work", however, subsequently a reference was made to the Institute of Ophthalmology, Civil Hospital, to give a specific opinion and that it was thereafter, that the appellants had been considered as unfit for the post of Lok Rakshak.