MOHAMED IBRAHIM Vs. CHAIRMAN & MANAGING DIRECTOR

JUDGEMENT

(1.) The petitioner herein is one among the candidates who was selected to the post of Assistant Engineer (Electrical) and allotted to SC/Karur Electricity Distribution Circle, under the Backward Class -Muslim / BC(M) category on merit basis. Based on the Assistant Executive Engineer's letter dated 15.04.2017 stating that the petitioner had "colour blindness", he was referred to the Medical Board/MGM Trichy, Ophthalmology Department to verify his fitness to work as an Assistant Engineer. The medical report dated 23.02.2018 of the Regional Medical Board, Thanjavur had opined as follows:-

(2.) The medical report also stated the petitioner's fitness to work as Assistant Engineer(Electrical) cannot be opined since norms regarding colour vision was not provided by the Employer. Consequently on 14.03.2019, the respondents had referred the petitioner to the Regional Medical Board, Thanjavur Medical College Hospital by enclosing the work norms of Assistant Engineer(Electrical) and requested the Medical Board to certify with regard to his fitness to perform his duties as an Assistant Engineer. Once again, the Medical Board of Thanjavur College Hospital, through its report dated 05.07.2019 had remarked that the candidate has 'defective colour vision' and since no visual norms for colour vision was specified, his fitness to exercise his duties cannot be certified.

(3.) Thereafter, the petitioner was extended with an opportunity of personal hearing before the Chief Engineer (Personal), wherein he had submitted that he was not aware of his defectiveness in colour vision until the test was performed and that he was not wearing spectacles prior to that. Not being satisfied to the reply, the petitioner was referred to a Committee of four members, which further subjected the petitioner to appear before the Regional Institute of Ophthalmologist and Government Ophthalmic Hospital, Egmore, Chennai 600 008 to ascertain his colour vision. For the third time, the Regional Medical Board at Chennai had opined that both the left and right eyes of the petitioner were 'colour vision defective'. In this background, the respondents had relied upon the various work norms to the post of an Assistant Engineer(Electrical) and the nature of his duties and had observed that the responsibility attached to the post of an Assistant Engineer(Electrical) requires him to differentiate the colour terminals to ensure correct supply of power, safety of co-workers, safety of public and safety of himself and since he was diagnosed with a colour vision defectiveness, he was rendered as 'unfit' for serving as an Assistant Engineer(Electrical), through the impugned order, dated 14.05.2020. The rejection order is put under challenge in the present writ petition.