The Gujarat High Court earlier this week ruled that candidates could not be sidelined for appointment to the Lok Rakshak Dal (post of armed/unarmed police constable), as per their merit with all consequential benefits, on the ground of their medical incapacity of colour blindness
The Single Bench of Justice Biren Vaishnav directed the DGP and Surat police commissioner to consider the case of the petitioners for appointment to the posts in question ignoring their medical incapacity, adding that if nothing adverse is found against them, they shall be appointed on the said posts forthwith.
The Single Judge noted that the High Court has previously held unequivocally, on a conspectus of the relevant rules, that colour blindness would not lead to disqualification from being appointed to the post of Unarmed Police Constable, that colour blindness is not provided as a disqualification to the post to any Class III posts, and indisputably the post of Lok Rakshak, for which the petitioners seek appointment falls under Class-III post- "In Group 'A', which refers to "Armed and unarmed Police etc.", the requirement is "very high degree of visual acuity with unaided eye. It is not the case of the respondents that the petitioners are having any myopic vision for which they require the aid of glasses. Their case will not fall under Group 'B' which refer to "a very high degree of vision of acuity with glasses and moderate degree without glasses". The posts under Group 'D' which refer to desk work also does not refer to colour blindness as a disqualification. Hence, it is ostensible that the respondents have acted contrary to the rules which govern their medical fitness."
The Court proceeded to rely on an Apex Court decision- The Supreme Court in the case of Union of India and ors Vs. Satyaprakash Vashishth [1994 (Suppl) 2 SCC 52] while examining a similar issue and rules prescribed for the post of Sub-Inspector (Executive) has held that colour blindness was not a disqualification, as the same was not incorporated in the rules.
Accordingly, the Single Bench ordered that "the case of the petitioners shall be considered in line with the decisions of this court as referred to hereinabove within a period of eight weeks from the date of receipt of the copy of the order of this court".
Click Here To Download Order