Rameshbhai Karshanbhai ... vs State Of Gujarat & 4

1. By this writ application under Article 226 of the Constitution of India, the petitioner, desirous of seeking appointment on the post of the Police Sub-Inspector (Male), General Category, has prayed for the following reliefs;

"(A) The Hon'ble Court be pleased to issue appropriate writ, direction or order in nature of Mandamus to quash and set aside the Order dated 09.03.2016 passed by the Respondent No.2 whereby the name of the Petitioner came to be removed from the select list of the candidates for the post of Police Sub-Inspector.

(B) The Hon'ble Court be pleased to issue a direction to the Respondent-authorities to the effect that the petitioner be declared fit and his name shall not be removed from the select list of the candidates for the post of Police Sub-Inspector (Male) General Category.

(C ) The Hon'ble Court be pleased to issue a direction to Page 1 of 3 HC-NIC Page 1 of 3 Created On Thu May 05 02:19:34 IST 2016 C/SCA/5301/2016 ORDER the Respondent-Authorities to the effect that the Petitioner be given opportunity and allowed to undergo the Basic Training Programme.

(D) The Hon'ble Court be pleased to issue direction to the Respondents to once again conduct the colour vision test of the Petitioner from other than the Respondent No.3 and 5 or otherwise the Hon'ble Court be pleased to appoint independent authority or a hospital to conduct the colour vision test of the Petitioner.

(E) The Hon'ble Court be pleased to pass such other Orders as may be deemed just and proper in the circumstances of the case."

2. It appears from the materials on record that the petitioner was included in the select list, but his name came to be deleted as it was found that he is colour blind. The medical opinion of the Board of Referees dated 22nd December, 2015 of the Civil Hospital, Jamnagar, prima facie, indicates that the petitioner is deficient in red and green colour so far as the vision is concerned.

3. As against that, the certificate issued by the General Hospital, Sola would indicate that no abnormality was detected. In the same manner, the petitioner was also examined at Shri C.H. Nagri Municipal Eye Hospital, Ahmedabad, and according to the said Hospital, the petitioner is normal.

4. In view of the conflicting opinions, let the petitioner be examined by Dr. Shashank M. Patel, Director, M. & J Institute of Ophthalmology, Civil Hospital, Ahmedabad. The petitioner shall appear before Dr. Shashank M. Patel on Thursday, i.e., on 5th May, 2016 at 11:00 a.m. On that date, Dr. Shashank M. Patel Page 2 of 3 HC-NIC Page 2 of 3 Created On Thu May 05 02:19:34 IST 2016 C/SCA/5301/2016 ORDER shall examine the petitioner and give a certificate as regards the issue of colour blindness. Whatever may be the certificate, the same shall be treated as final. If the opinion is that the petitioner is normal, then the petitioner shall submit such certificate before the authorities concerned and the authorities shall consider the same and proceed further so far as the appointment is concerned. If, ultimately, it is certified that the petitioner is colour blind, that should put an end to the matter.

5. With the above, this writ application is disposed of.

Direct service is permitted.

(J.B.PARDIWALA, J.) Vahid Page 3 of 3 HC-NIC Page 3 of 3 Created On Thu May 05 02:19:34 IST 2016