MAHENDRA GODARA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant special appeal (writ) has been preferred by the appellant herein, being aggrieved of the order dtd. 26/10/2021, whereby S.B. Civil Writ Petition No. 10432/2021 preferred by the appellant petitioner was dismissed.

(2.) The appellant petitioner applied for the post of Sub-Inspector pursuant to the recruitment notification dtd. 5/10/2016. He succeeded in the competitive written examination as well as physical proficiency test and was declared successful as per the result declared on 1/9/2020. After being declared successful in the initial selection process, the petitioner appellant was called for medical examination vide communication dtd. 31/12/2020. The petitioner underwent the medical examination at the S.M.S. Hospital, Jaipur which issued a certificate dtd. 5/1/2021 opining that the petitioner was otherwise medically fit for appointment except for a Colour Vision Defect for which, he was referred to special Ophthalmologist Board for more accurate opinion. The board, constituted of Ophthalmology specialist, issued its report dtd. 6/1/2021 opining that on the colour vision parameter, as per the Ishihara Chart, there was partial red-green defect, but on the lantern test, the petitioner possessed high order of colour perception and that he was fit for the post from Ophthalmology side.

(3.) The Director General of Police issued a schedule for re-medical examination of 15 provisionally selected candidates including the petitioner. The re-medical examination was undertaken at the S.M.S. Hospital, Jaipur on 24/2/2021. After conducting the re-medical examination, the Medical Board issued a certificate dtd. 25/2/2021, opining that the petitioner appellant was having defective colour vision owing to lack of high grade colour perception. Pursuant thereto, the final result was declared wherein, the petitioner's name was omitted upon which, he preferred the above writ petition which has been dismissed by order dtd. 26/10/2021. The petitioner has assailed the above order in this special appeal.