UNION OF INDIA Vs. JAGDISH PRASAD BANGRE

JUDGEMENT

(1.) REGARD being had to the similarity of facts and identicalness of the question of law involved in this batch of writ petitions it was heard analogously and is disposed of by a singular order. For the sake of clarity and convenience the facts in W. P. No. 11209/2007 are ex-posited hereunder:-

(2.) INVOKING the extra-ordinary jurisdiction of this Court under articles 226/227 of the Constitution of India the Union of India and its functionaries have called in question the legal acceptability and substantiality of the order dated 3-7-2007 passed by the Central Administrative Tribunal (for short 'the Tribunal') in Original Application No. 1118/2005. The facts which are imperative to be ex-posited are that an advertisement was published in the employment News dated 16-1-2004 for filling up of the posts of Durwans in the ordnance Factory, Khamaria. After appearing in the written test and qualifying in the same an offer for appointment was made to certain candidates and they were directed to appear before the Civil Surgeons for medical examination. The district Medical Board examined three persons, namely, Rishi Kant Soni, Ram lakhan Rajak and Jagdish Prasad Bangare. The Medical Board as far as the respondents are concerned expressed the opinion that he is partially colour blind and fit for Class IV in which the colour vision is not required such as labourer and non-technical jobs. On the basis of this medical certificate the respondent was treated to be unfit for appointment for the post of 'durwan' and orders to that effect were issued. The respondent filed Original Application no. 931/2005 and other selected candidates filed Original Application nos. 922/2005 and 1118/2005. All the three original applications were heard analogously by the Tribunal and disposed of by a singular order.

(3.) BEFORE the Tribunal the respondent contended that as per the medical certificate issued by the Civil Surgeon he was not entitled to get the job of 'durwan' as the said job is a technical job which requires colour vision. That apart, the provisions contained in the recruitment rules were placed reliance upon to show that the specifications for the post of 'durwan' are (a) height without shoes 165 cms. ; (b) chest unexplained 77 cms. , expanded 82 cms. , and (c)weight 45 kgs. It was also putforth that for the semi skilled post people with defective colour vision had been appointed. It was also canvassed that their services have been dispensed with without affording an opportunity of hearing.