SAFIQUL RAHMAN Vs. STATE OF U P

JUDGEMENT

(1.) AN advertisement was issued in the year 2004 inviting applications for appointment on the post of Constable. The petitioner applied and was selected and thereafter was sent for training. Upon completion of his training, the petitioner was posted as a Constable in the 4th Battalion P.A.C. at Allahabad and rendered two years of service. It transpires that the respondents took a decision to re- examine all the records, on the basis of which, the petitioner was medically re-examined in which it was found that he was colour blind and was unable to distinguish between red and green colour. On the basis of this medical report, the authorities passed the impugned order dated 27.7.2007 dispensing his services by invoking the provisions of U.P. Temporary Government Servant (Termination of Service) Rules, 1975. The petitioner, being aggrieved by the said order, has filed the present writ petition.

(2.) HEARD Sri C.B.Yadav, the learned counsel for the petitioner, Sri Ghanshyam Dwivedi and Sri Piyush Shukla, the learned Standing Counsels for the respondents.

(3.) HAVING heard the learned counsel for the petitioner at some length, this Court is of the opinion, that the petitioner is not entitled for any relief. At the outset, lengthy arguments were raised on the question of colour blindness and whether it would constitute a disqualification under the Police Act and its Regulations. The learned counsel has also relied upon certain decisions. In my opinion, it is not necessary to dwell on this aspect of the matter at length, in view of the fact that identical arguments were raised which was dealt at length and rejected by a decision of this Court in Prempal Singh v. State of U.P. and others and connected writ petitions decided on 4.10.2007, 2008(1) ESC 14 and Raw Kumar Kaushal v. State of U.P. and others, and connected writ petitions decided on 4.10.2007, 2007(9) ADJ 626. In the aforesaid decisions the Court has categorically held that in view of the provisions of paragraph Nos. 411,412 and 415 of the Police Regulations read with the Government Order of 1959, colour blindness constitutes a disqualification in the police force and, such persons therefore cannot be selected or recruited in the Police force. The Court found that a person who was not medically fit, could not be recruited in the police force. In my opinion, the aforesaid judgments are squarely applicable to the issue raised in the present writ petition and it is not necessary for this Court to elaborate the same point all over again. Consequently, this Court holds that since the petitioner was found to be medically unfit on account of the colour blindness he could not be recruited in the police force.