BAIJ NATH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner has filed this writ petition seeking quashing of the order dated 28.9.2006 by which offer of appointment made to him for the post of Technician Trainee/Fitter has been withdrawn on the report of the Medical Board as he was found suffering from the disability of defective colour vision.

(2.) Briefly stated, the facts of the case are that the petitioner had completed his apprenticeship training from the Hindustan Aeronautics Ltd., Transport Aircraft Division Kanpur, District Kanpur and thereafter in pursuance of a selection schedule for the post of the Technician Trainee/Fitter he applied and appeared in the written test and was declared successful and thereafter an offer of appointment was made to him. The offer of appointment was, however, cancelled by order dated 5.4.2005 on the ground that he had not been found medically fit. Aggrieved the petitioner filed a Writ Petition No.50339 of 2005, which was allowed by this Court by order dated 17.7.2006 and the impugned order dated 5.4.2005 was quashed and the Court observed that it is not for the Court to determine as to whether the petitioner is colour blind or not and whether his colour blindness is a disqualification and a disability from performing his duty and ultimately the matter is to be decided by the department by referring the matter to the Medical Board. In pursuance of this order the case of the petitioner was referred to a duly constituted Medical Board and the Medical Board has held that the petitioner suffered from defective colour vision, which was a disqualification for employment and in pursuance of the recommendation of the Medical Board the impugned order dated 28.9.2006 was passed withdrawing the offer of appointment made to the petitioner.

(3.) I have heard Sri J. K. Srivastava, learned counsel for the petitioner and Sri S. D. Singh, learned Senior Counsel assisted by Sri Diptiman Singh, learned counsel for the respondents.