LAWS(P&H)-2017-6-31

JASMER SINGH Vs. STATE OF HARYANA AND OTHERS

Decided On June 02, 2017
JASMER SINGH Appellant
V/S
State Of Haryana And Others Respondents

JUDGEMENT

(1.) Petitioner has assailed order dated 10.02.2016 (Annexure P-13) by which his candidature for the post of Assistant Superintendent Jail has been rejected on the score that petitioner has colour blindness.

(2.) Respondents have notified 29 posts of Assistant Superintendent Jail on 14.8.2010. Petitioner is a candidate under the ex-servicemen quota. He has fulfilled the requisite qualification prescribed for the post and he is one of the selected candidate. After due selection to the post of Assistant Superintendent Jail, petitioner was subjected to medical examination. In the medical examination, it was held that the petitioner is fit for non technical post. Thereafter, there was protracted correspondence between the official respondents and the Medical Superintendent, Pt B.D. Sharma PGIMS Rohtak and petitioner's claim was not considered for appointment.

(3.) Learned counsel for the petitioner submitted that under the Right to Information Act, he has got information from the department to the extent that post of Assistant Superintendent Jail is non technical post with reference to Annexure P-8. Therefore, rejection of the petitioner's candidature to the post of Assistant Superintendent Jail with reference to colour blindness is incorrect since in the advertisement while mentioning the physical standard nowhere they have stated in respect of eye fitness like eye vision or colour blindness etc. In order to deny the petitioner's selection and appointment, only in the year 2016, it was contended that the petitioner is not fit for non technical post on the ground that he is suffering from colour blindness.