JUDGMENT :

S. RAVINDRA BHAT, J.

1. Leave granted. With consent the appeal was heard finally. The appellant is aggrieved by a judgment of the Madras High Court¹ [W.A. (MD) No. 1506/2021 dated 30.7.2021], which dismissed his petition, claiming arbitrariness in the declining of his candidature as Assistant Engineer (hereafter “AE”) (Electrical) by the Tamil Nadu Generation and Distribution Corporation Limited (hereafter referred to as TANGEDCO or “Corporation” or “employer” variously), on the ground that he was colour blind. It is undeniable that he had completed the graduate degree course in electrical engineering, had also qualified in the recruitment process, and was selected for the post of AE.

2. The brief facts of this case are that the appellant was appointed as Assistant Engineer (Electrical) by the Superintendent’s Office, Karur in 2015² [A notification No. 01/15 dated 28.12.2015 was published for direct recruitment to the posts of Assistant Engineer (Electrical), Assistant Engineer (Mechanical) and Assistant Engineer (Civil) in the Respondent Corporation] and he joined the services on 31.3.2017.³ [Vide Memo No. 02972I360IAdm.I/A1/F. Appt. Order/2017-7 dated 31.03.2017 by the Superintendent Office, Karur] The corporation informed⁴ [Vide letter of selection bearing No. 024396/ 108/G.55/G.551/2015 dated 30.03.2017] the appellant about his selection and asked him to report to office of the Superintendent, Karur on 15.04.2017. Later, he was asked to produce a Physical Fitness Certificate from the Senior Civil Surgeon Government Hospital, Kumbakonam after medical examination. After the examination, the appellant was informed that he had colour defective vision (colour blindness). By outpatient receipt (dated 15.04.2017) he was referred to Assistant Surgeon, Govt. Hospital, Musiri, Trichy District. The Asst. Surgeon confirmed that he had colour blindness and referred him to the Medical Board/Ophthalmology department of MGM Trichy. The Superintendent’s Office at Karur wrote letter dated 31.10.2017 to the Medical Board, Thanjavur Medical College Hospital, requesting the appellant’s medical examination and a report based on that examination. The Regional Medical Board (hereafter “RMB”) asked the appellant to appear for medical examination; he was told by the medical officer that the report would be forwarded to the corporation. A report dated 23.02.2018⁵ [bearing No. 13278/MB/2017], from RMB, Thanjavur was sent to the respondent, stating that: “.......Fitness cannot be given for the patient since norms regarding colour vision not provided by the employer (TNEB).”

3. Aggrieved, appellant approached the Madras High Court, which by order dated 11.03.2019⁶ [In W.P. (MD) No. 2255/2019] directed the employer to decide the case in accordance with the RMB Report. The Medical Board, Thanjavur issued Report dated 05.07.2019 for the persons with Disabilities in consideration of the appellant’s case. Subsequently, the corporation’s office sent a letter, cancelling the appellant’s selection, pursuant to the medical report dated 5.12.2019. The appellant’s services were terminated with effect from 14.05.2020.

4. Aggrieved, the appellant approached the Madras High Court⁷ [W.P. (MD) No. 15115 of 2020] through appropriate proceedings under Article 226. The High court by order dated 17.03.2021 allowed the petition and directed appointment of the appellant to the post of AE (Electrical), with effect from 31.03.2017 (the date of his original appointment) and observed:

“7. The Superintending Engineer, in his letter dated 15.04.2017, has assumed that the petitioner had “colour blindness” which, was not backed with any medical report. Likewise, the Chief Engineer (Personal), in the impugned order of rejection has also termed the petitioner’s eye condition as “colour blindness.” On the contrary, the medical experts attached to the Ophthalmological Department of the two Hospitals referred above, were clearly of the view that there was only a “defective colour