HOSHIAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Since common questions of law and facts are involved in both these petitions, the same were taken up together for hearing and are being disposed of by a common judgment.

(2.) Respondent-State initiated the process for filling up the posts of constables in various districts. Petitioners were called for ground test, physical test, written test and personal interview in the month of April, 1996. They were sent for medical examination at District Hospital. They were medically examined by the Medical Board headed by Chief Medical Officer. This medical examination was conducted in the month of May, 1996. Petitioners were allocated constabulary number. They submitted their formal joining report at Police Lines. They were sent for recruit training at Police Training College, Droh. They were medically examined by the doctor. Petitioners were declared suffering from colour blindness. They were further examined by the Medical Board constituted by Chief Medical Officer. They were found suffering from colour blindness. They were served with a memo dated 11.11.1996. They approached the learned Himachal Pradesh Administrative Tribunal by filing original application(s). Learned Tribunal directed respondent No.1 to consider the case of the petitioners for relaxation within one month in accordance with rule 12.15 of the Punjab Police Rules. Respondent No.1 rejected the case of petitioners on 18.6.1997 and they were discharged vide office order dated 9.7.1997.

(3.) Case of petitioners, in nutshell, is that they were thoroughly examined at the time of their initial recruitment and similarly situate persons have been given relaxation by the respondents. Petitioners have strongly relied upon a judgment rendered by the learned Tribunal in OA No. 17/1986 decided on 1.9.1988 whereby similarly situate persons were granted relief. Case of respondents, in nutshell, is that ingredients of the colour vision have been made mandatory vide Annexure R-1.